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ORTS.

LAW RE

Cljr $ufiltc Central Statutes,

PASSED DV THE

FORTY-THIRD YEAR

OF THE BEIGN OF HER MAJESTY

QUEEN VICTORIA,

1880 :

WITH

TABLES SHOWING THE EFFECT OF THE SESSION’S

LEGISLATION,

AND A COPIOUS INDEX.

VOL. XV.

LONDON:

PRINTED BY GEOBGE EDWARD EYRE AND WILLIAM SPOTTISWOODE,

PRINTERS TO THE QUEEN’S MOST EXCELLENT MAJESTY,

TOR

WILLIAM CLOWES AND SONS,
printers to % Incorporated Comtcil of £nb Reporting for fingland and Stales,

DUKE STREET, STAMFORD STREET; AND 14, CHARING CROSS.

PUBLISHING OFFICE, 51, CAREY STREET, LINCOLN’S INN, W.CL

fiio. .?•

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TABLE

The Titles of the Public General Acts passed in the Seventh
Session of the Twenty-first Parliament of the United Kingdom of
Great Britain and Ireland.

1. A N Act to enable Guardians of the Poor to borrow Money for the purpose of

Ax. procuring Seed Potatoes and Seed Oats, and other Seed, for Tenants in
Ireland ; and for other purposes. 1

2. An Act to amend the Artizans and Labourers Dwellings Improvement (Scot-

. land) Act, 1875. 5

3. An Act to amend the Law relating to the Salaries and Allowances of certain

Officers in India; and for other purposes relating thereto. 7

4. An Act to render valid certain proceedings taken for the Relief of Distress in
Ireland, and to make further provision for such Relief; and for other purposes.

5. An Act to apply certain Sums out of the Consolidated Fund to the service of

the years ending on the thirty-first day of March one thousand eight hundred
and eighty, and one thousand eight hundred and eighty-one. 17

6. An Act for amending the Law relating to the grant by Justices of Certificates

for Beer Dealers Retail Licences. 18

7 . An Act to amend the Law in regard to charging Road Debts on Entailed

Estates in Scotland. 19

8. An Act to explain and amend the twenty-second section of the Artizans and

Labourers Dwellings Act, 1868, Amendment Act, 1879." 20

9 . An Act to provide during twelve months for the Discipline and Regulation

of the Army. 20

10 . An Act to enable the Secretary of State in Council of India to raise money

in the United Kingdom for the purpose of paying off or redeeming Debentures
of the East Indian Railway Company. 22

11 . An Act to make Powers of Attorney and Requests for Transmission of

Dividend Warrants by Post relating to India Five per centum Stock applicable
to India Four per centum Stock. 25

12 . An Act to abolish the Landlord’s Right of Hypothec for Rent in Scotland.

13 . An Act to apply certain sums out of the Consolidated Fund to the service of

the years ending on the thirty-first day of March one thousand eight hundred
and seventy-nine, one thousand eight hundred and eighty, and one thousand
eight hundred and eighty-one, and to appropriate the Supplies granted in this
Session of Parliament. 27

14 . An Act to grant certain Duties of Customs and Inland Revenue, to alter

other Duties, and to amend the Laws relating to Inland Revenue. 41

15 . An Act to authorise the Commissioners of Her Majesty's Treasury to borrow

a sum on the security of Terminable Annuities, and to increase the permanent
Annual Charge of the National Debt. 46

a 2

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43 Vict.

iv Table of the Statutes .

16 . An Act to raise the sum of Sixty thousand pounds by Exchequer Bonds,

Exchequer Bills, or Treasury Bills, for the service of the year ending on the
thirty-first day of March one thousand eight hundred and eighty. 47

17 . An Act to abolish the property qualification for members of Municipal Cor¬
porations and Local Governing Bodies. 48

18 . An Act to amend the Law relating to the Conveyance of Voters to the Poll,

and to continue the Acts relating to the Prevention of Corrupt Practices at
Parliamentary Elections and the Acts relating to Election Petitions. 49

19 . An Act to amend the Companies Acts of 18G2,1867, 1877, and 1879. 50

PRIVATE ACT,

NOT PRINTED.

/.AN Act to naturalize Luitbert Alexander George Lionel Alphons Freiherr
Von Pawel Rammingen, and to grant and confer on him all the rights,
privileges, and capacities of a natural-bom Subject of Her Majesty the Queen.

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THE

PUBLIC GENERAL STATUTES,

43 Victoria,

CHAPTER 1.

An Act to enable Guardians of the Poor to borrow Money
for the purpose of procuring Seed Potatoes and Seed
Oats, and other Seed for Tenants in Ireland; and for
other purposes. [1st March 1880.]

B E it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

1. This Act may be cited as the Seed Supply (Ireland) Act, 1880. Short title.

2. At any time after the passing of this Act, and before the Application of
thirty-first day of March one thousand eight hundred and eighty, Act -
the Local Government Board, if satisfied that the occupiers of land
in any electoral division of any union are generally unable to
procure an adequate supply of seed potatoes, seed oats, or other
seed, may, by order, authorise or, if they think fit, may require the
Guardians of the Poor of the union to put the provisions of this
Act in force in reference to such electoral division; and the Local
Government Board may from time to time, by order made for that
purpose, revoke or vary any such order.

The Local Government Board shall prepare, and may from time
to time add to or alter, a schedule of the unions, and of the electoral
divisions thereof, in which they have authorised the Guardians to
put the provisions of this Act in force.

3. The Guardians of the Poor of any union scheduled for the Powers of
time being may apply to the Local Government Board for a loan Guardians to
for the use of any scheduled electoral division of their union. If borrow *
the Local Government Board approves of any such application they
shall transmit it to the Commissioners of Public Works, who may,
with the consent of the Commissioners of Her Majesty's Treasury,
make, out of any moneys placed at their disposal by Parliament for
the purpose of loans, any loan to such Board of Guardians, on the
security of any rate applicable to any of the purposes of the Acts
for the Relief of the Poor which is leviable in the electoral division
for the use of which the loan is made, and without requiring any
further or other security.

4 . Such loans shall be made without interest, and shall be repay- Terms of loan,
able by the Guardians to the Commissioners of Public Works by
two equal instalments, the first of such instalments to be paid on
the first day of August one thousand eight hundred and eighty-one,
and the second of such instalments to be paid on the first day of
August one thousand eight hundred and eighty-two.

[tux law reports.] A

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Orders for pay¬
ment of loans
may be made
by Local Go¬
vernment
Board.

Application of
loans.

Ch. 1. Seed Supply (Ireland) Act , 1880. 43 Vict.

When any such loan is made all rates leviable for any of the
purposes of the Acts for the Relief of the Poor in the electoral
division for the use of which the loan was made shall become
forthwith charged, without any deed of mortgage or other instru¬
ment being required, with the repayment by such instalments of the
sum lent for the use of the division.

5. If at any time the Commissioners of Public Works in Ireland
certify that any sum remains due to them from the Board of Guar¬
dians of any union on account of any loan made for the use of any
electoral division for the purchase of seed, and is then payable to the
Commissioners, the Local Government Board shall, by order under
their seal, assess that sum on the electoral division, and shall send
copies of the order to the Board of Guardians and to the treasurer
of the union; and thereupon the treasurer of the union shall, out of
any money then in his hands to the credit of the Guardians, or if
such money is insufficient for the purpose, then out of all moneys
subsequently received by him on account of the Guardians, pay over
the amount mentioned in the order to the Commissioners of Public
Works. The Guardians of the union shall debit the electoral
division with the amount so assessed upon the division.

6. The Guardians may apply the whole or any part of the sum
borrowed by them for the use of each electoral division in purchas¬
ing seed potatoes, seed oats, or other seed which the Local Govern¬
ment Board may authorise, and in defraying all expenses incurred
for carriage, storage, or otherwise in providing such seed for sale.
Such seed shall be sold by the Guardians to occupiers of land and
cultivators of land (not being occupiers) on the application of the
occupier, and on his security, in the electoral divisions, subject to the
provisions of this Act

The Guardians may sell such seed, subject to the following pro¬
visions :

1. They may sell to any occupier of land valued at not more than

fifteen pounds a quantity of seed potatoes sufficient to sow an
acre, and of seed oats or other seed sufficient to sow another
acre of land, “ statute measureprovided that the total cost of
such seed does not exceed five pounds for any one occupier:

2. They may sell to any person who cultivates for his own use

any land under a contract made by him with the tenant of
the land a quantity of seed potatoes sufficient to sow a
quarter of an acre of land statute measure. No such sale
shall be made except upon the application of the person who
is tenant of the land, and upon his agreeing to pay to the
Guardians the price of the seed so sold in the same manner
as if the seed had been sold to him:

3. No seed shall be sold to any occupier of land valued at more

than fifteen pounds, and no seed shall be sold for less than
the net price paid by the guardians for it, including all
expenses incurred for carriage, storage, or otherwise in pro¬
viding such seed for sale:

4. No seed shall be sold to any person unless the Guardians, or

such persons as the Local Government Board may nominate
in that behalf, are satisfied that the land into which it is to
be put has been properly prepared and is ready for sowing:

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1880.

Seed Supply (Ireland) Act , 1880. Ch. 1.

5. If in any case any premises in the occupation of any occupier
are not separately valued under the Acts relating to the
valuation of rateable property in Ireland, the Guardians may
receive such evidence as they think fit as to the annual
value of such premises, and such premises shall, for the pur¬
pose of this Act, be taken to be of the value which the
Guardians shall determine, as if such premises had been
separately valued at that amount under the said Acts.

7 . Payment of the amount due to the Guardians from each Recovery of
person indebted to the Guardians on account of any purchase of seed, P rice from P ur -
whether made before or after the passing of this Act, shall be made cha8ers *

by two equal instalments.

For the purpose of obtaining payment of each such instalment due
from each such person the Guardians shall levy such sum, where the
person is rated under the Acts for the Relief of the Poor, as part of
the poor rate payable by such person, by a special rate to be added
to the poor rate assessed on the tenements occupied by such person,
and to be collected therewith.

Where such person is not rated under the Acts for the Relief of
the Poor the Guardians shall make a special rate for the purposes of
this Act, in which he shall be rated.

Every special rate made for the purpose of obtaining payment
of money due from each such person shall be recoverable in the
same manner and with the same remedies by the collectors of the
poor rate as if it were poor rate, and shall be lodged to the credit
of the Guardians with the treasurer of the union.

Provided that no person paying any such special rate shall be
entitled to make any deduction on account of such payment from
any rent which he is liable to pay.

The first of such special rates shall be made by the Guardians at
the same time as the first ordinary rate made for the relief of the
poor in the union after the first day of August one thousand eight
hundred and eighty, and the second of such special rates shall be
made by the Guardians at the same time as the first ordinary rate
for the relief of the poor made in the union after the first day of
August one thousand eight hundred and eighty-one. The first
instalment payable by each person indebted shall be taken to be
due on the day on which the first of such special rates is made, and
the second instalment shall be taken to be due on the day on which
the second of such special rates is made.

Any person indebted to any Board of Guardians on account of
any such purchase of seed may pay off his debt, or each instalment
of it, at any time before each such special rate is made.

8. When any seed has been sold under this Act to any person in p ower of entry
any union, any of the Guardians of the union, or any person nomi- and inspection,
nated by the Guardians or by the Local Government Board, may at

all reasonable times enter into and examine any land occupied or
tilled by such person, for the purpose of ascertaining whether the
seed sold to such person has been properly sown by him, and may
do all acts reasonably necessary for that purpose. For the purpose
of facilitating such examination the Guardians shall keep a list of
all the names and addresses of all purchasers of seed, and shall per¬
mit such list to be inspected by any person having authority to

A 2

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Ch. 1.

Seed Supply {Ireland) Act , 1880.

43 Yict.

14 & 15 Yict.
c. 93.

Summary re¬
covery of price
of seed.

Powers of
Local Govern¬
ment Board
where Guar¬
dians make
default.

make such examination under this Act If any person refuses to a
Guardian or other person acting in execution of this Act admission
to any land which such Guardian or person is entitled to enter or
examine, or obstructs or impedes him in so entering or examining,
the person so offending may be prosecuted in a summary manner,
according to the provisions of the Petty Sessions (Ireland) Act, 1851,
and any Act amending the same, and on conviction shall be liable
to a fine not exceeding five pounds.

9. If any person to whom any seed has been sold by any Board
of Guardians before or after the passing of this Act does not properly
sow such seed, the Guardians of the union may forthwith proceed to
recover the price of such seed, whether the amount is more or less
than two pounds, before the justices in petty sessions, in the manner

22 Yict. c. 14. prescribed by the Act passed in the session of Parliament held in
the twenty-second year of the reign of Her present Majesty, chapter
fourteen, and any Acts amending it; and the provisions of such Act
and Acts shall apply to such proceedings as if the debt sued for was
under the value of two pounds.

10 . If at any time it appears to the Local Government Board
that the Board of Guardians of any union have made default in any
respect in the execution of this Act, the Local Government Board
may, if they think fit, themselves carry this Act into execution with
reference to such union and the several electoral divisions thereof,
and shall have for that purpose all the powers vested by this Act in
the Board of Guardians of a union scheduled under this Act In
such case application for any loan may be made by the Local
Government Board directly to the Commissioners of Public Works,
and in other respects the Local Government Board shall be in the
place and stead of the Board of Guardians so making default

11 . Nothing contained in this Act shall be taken to prejudice or
other remedies, affect any proceedings which might have been instituted by the

Commissioners of Public Works or by any Board of Guardians for
the enforcement of any contract or the recovery of any debt.

12 . If at any time before the passing of this Act the Commis¬
sioners of Public Works in Ireland shall have advanced money to
any Board of Guardians for the purchase of seed, the sum so
advanced, or any part thereof remaining unpaid from time to time,
shall be a charge upon the rates leviable on such electoral division
or divisions in the union as the Local Government Board shall
appoint; and such sum or part shall be repaid in the same manner
as sums lent by the Commissioners of Public Works to Boards of
Guardians under the authority of this Act, and the provisions of
this Act relative to the repayment of loans made under the authority
•of this Act shall apply to such loans made before the passing of this
Act.

Confirmation of 13. If at any time before the passing of this Act any outlay shall
expenditure by have been made by any Board of Guardians, with the sanction of
the Local Government Board, for the purchase of seed for sale to
occupiers of land or other persons qualified to purchase such seed
under this Act in the union, such outlay, and all resolutions and
proceedings of the board and of their officers in relation thereto,
shall be ratified and confirmed and be as valid and effectual as if
the outlay had been made and the resolutions and proceedings had

Saving for

Repayment of
loans made by
the Board of
Works*

Guardians, and
indemnity.

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1880.

Seed Supply ( Ireland) Act, 1880. Ctf. 1, 2.

been passed and taken under the authority and in compliance with
the provisions of this Act; and all persons who have acted in any
manner in making any loan to any Board of Guardians, or in making
any advance of money to the Commissioners of Public Works for
the purpose of any such loan, or in making such outlay for seed,
shall be released and indemnified from and against any penalties
and surcharges in consequence thereof.

14 . No electoral disability or loss of Parliamentary or other
franchise shall be incurred by any voter who may be granted assis¬
tance under the provisions of this Act.

CHAPTER 2.

An Act to amend the Artizans and Labourers Dwellings
Improvement (Scotland) Act, 1875.

[15th March 1880.]

B E it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

1. This Act may be cited as the Artizans and Labourers Dwellings
Improvement (Scotland) Act, 1880.

This Act shall be construed as one with the Artizans and
Labourers Dwellings Improvement (Scotland) Act, 1875, (in this
Act referred to as the principal Act,) and the principal Act and this
Act may be cited together as the Artizans and Labourers Dwellings
Improvement (Scotland) Ants, 1875 and 1880.

2. The schedule to the principal Act shall be construed as if the
schedule to this Act formed part thereof.

3. On the occasion of assessing the compensation payable under
any improvement scheme in respect of any house or premises situate
within an unhealthy area, evidence shall be receivable by the arbi¬
trator to prove that at the date of the confirming Act authorising
such scheme, or at some previous date not earlier than the date of
the official representation in which the scheme originated, such
house or premises was by reason of its unhealthy state, or by reason
of overcrowding or otherwise, in such a condition as to have been
a nuisance within the meaning of the Acts relating to nuisances;
and if the arbitrator is satisfied that, from either of such causes as
aforesaid, such house or premises was, at such dates as aforesaid or
either of them, a nuisance as aforesaid, he shall then determine what
would have been the value of such house or premises supposing the
nuisance to have been abated, and what would have been the
expense of abating the nuisance; and the amount of compensation
payable in respect of such house or premises shall be an amount
equal to the estimated value of the house or premises after the
nuisance was abated, and after deducting the estimated expense of
abating the nuisance.

4 . Whereas by the fifth section of the principal Act it is provided,
amongst other things, that an improvement scheme of a local autho¬
rity shall provide for the accommodation of at least as many persons

No electoral
disability.

Short title and
construction of
Act.

88 & 89 Viet,
c. 49.

Amendment of
schedule to
principal Act

As to assess¬
ment of com¬
pensation.

Amendment of
38 & 39 Viet,
c. 49. s. 5. as

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to the pro¬
vision of ac¬
commodation
for the working
classes.

Definition of
“ Acts relating
to nuisances.”
30 & 31 Viet,
c. 101.

Notice of ap
pointment of
arbitrator.

Power of arbi¬
trator as to
apportionment.

8 A 9 Viet
c. 19.

Amendment
respecting
severance of
properties.

8 & 9 Viet,
c. 19.

Ch. 2. Artizans & Labourers Dwellings Improvement (S.) 43 Vict.

of the working classes as may be displaced in the area with respect
to which the scheme is proposed in suitable dwellings which, unless
there are special reasons to the contrary, shall be situate within
the limits of the same area or in the vicinity thereof:

And whereas it not unfrequently happens that, having due regard
to the requirements of persons of the working classes displaced by
an improvement scheme, equally convenient accommodation at a
much less cost can be furnished to such persons or some of them at
some place other than within the area or the immediate vicinity of
the area from which they have been displaced: Be it enacted that—

Where it is proved to the satisfaction of the confirming authority
on an application to authorise or modify an improvement scheme
that equally convenient accommodation can be provided for any
persons of the working class displaced by an improvement scheme
at some place other than within the area or the immediate vicinity
of the area comprised in the improvement scheme, and it is also
proved to the satisfaction of such authority that the required accom¬
modation has been or is about to be forthwith provided, it shall
be lawful for the confirming authority accordingly to authorise any
such improvement scheme or to permit a modification of any such
scheme, and the requirements of the principal Act with respect to
providing accommodation for persons of the working class shall,
to the extent to which accommodation is provided in accordance
with this section, be deemed to have been complied with.

A local authority may for the purpose of providing accommodation
for persons of the working classes displaced by any improvement
scheme, appropriate any lands for the time being belonging to them
which are suitable for the purpose, or may purchase by agreement
any such further lands as may be convenient.

5. The Acts relating to nuisances mean as respects any place in
Scotland, the Public Health (Scotland) Act, 1867, and any local Act
which contains any provisions with respect to nuisances in that
place.

SCHEDULE.

1. The publication by the local authority of the appointment of the
arbitrator, and the other particulars mentioned in article six of the schedule
to the principal Act, shall be made not only by advertisement, but also by
placards and handbills affixed in conspicuous places on or near the lands
to be taken, and also by leaving a notice thereof at each house proposed to
be taken, and also by sending a notice thereof by post to the persons in¬
terested in such lands as owners or reputed owners, lessees or reputed lessees,
so far as they can be reasonably ascertained,

2. The arbitrator shall have the same power of apportioning any feu duty,
ground-annual, casualty of superiority, or any rent or other annual or
recurring payment or incumbrance, or any rent payable in respect of lands
comprised in a lease, as the sheriff has under the Lands Clauses Consolida¬
tion (Scotland) Act, 1845.

3. Notwithstanding anything in section ninety of the Lands Clauses
Consolidation (Scotland) Act, 1845, the arbitrator may determine that such
part of any house, building, or manufactory as is proposed to be taken by
the local authority can be taken without material damage to such house,
building, or manufactory, and if he so determine may award compensation in
respect of the severance of the part so proposed to be taken, in addition to
the value of that part, and thereupon the party interested shall be required

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1880. Artizans & Labourers Dwellings Improvement (S.) Ch. 2, 3.

to sell and convey to the local authority such part, without the local
authority being obliged to purchase the greater part or the whole of such
house, building, or manufactory.

The local authority, or any person interested, if dissatisfied with a
determination under this enactment, may, in manner provided by article
twenty-six of the schedule to the principal Act, submit the question of
whether the said part can be taken without material damage, as well as the
question of the proper amount of compensation, to a jury ; and the notice of
intention to appeal shall be given within the same time as notice of intention
to appeal against the amount of compensation awarded is required to be
given.

4. The amount of purchase money or compensation to be paid in Omitted inte-
pursuance of section one hundred and seventeen of the Lands Clauses rests.
Consolidation (Scotland) Act, 1845, in respect of any estate, right, or 8 & 9 Viet,
interest in or charge affecting any of the scheduled lands which the local c * 19,
authority have through mistake or inadvertence failed or omitted duly to
purchase or make compensation for, shall be awarded by the arbitrator and
be paid in like manner, as near as may be, as the same would have been
awarded and paid if the claim of such estate, right, interest, or charge had
been delivered to the arbitrator before the day fixed for the delivery of
statements of claims; with this qualification, that the first award of the
arbitrator shall be final, and not provisional.

If the arbitrator is satisfied that the failure or omission to purchase the
said estate, right, interest, or charge arose from any default on the part either
of the claimant or of the local authority, he may direct the costs to be paid
by the party so in default.

CHAPTER 3.

An Act to amend the Law relating to the Salaries and
Allowances of certain Officers in India; and for other
purposes relating thereto. [15th March 1880.]

1. This Act may be cited as the Indian Salaries and Allowances
Act, 1880.

2. It shall be lawful for the Secretary of State in Council of India
from time to time to fix, alter, or abolish the allowances for equip¬
ment and voyage of the several officers specified in the First
Schedule to this Act, or any of them.

3. It shall be lawful for the Secretary of State in Council of India
from time to time to fix and alter the salaries, and to fix, alter, or
abolish the allowances of the bishops and archdeacons of Calcutta,
Madras, and Bombay, or any of them :

Provided that nothing in this section shall affect the salary or
allowances of any person who is such bishop or archdeacon at the
passing of this Act.

4. Nothing in this Act shall authorise the imposition of any
additional charge on the revenues of India.

5. The enactments described in the Second Schedule to this Act
are hereby repealed to the extent in that Schedule mentioned.

Short title.

Power to
regulate certain
allowances for
equipment, &c.

Power to
regulate certain
ecclesiastical
salaries..

Charges on
Indian re¬
venues not to
be increased.
Repeal of
enactments in
Second Sche¬
dule.

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Ch. 3 , 4. Indian Salaries arid Allowances Act , 1880. 43 ViCT.

SCHEDULES.

FIRST SCHEDULE

The Governor- General of India and the Members of his Council.

The Governors of Madras and Bombay and the Members of their Councils.
The Commander-in-Chief of the Forces in India.

The Commanders-in-Chief of Madras and Bombay.

The Bishops and Archdeacons of Calcutta, Madras, and Bombay.

53 Geo. 3. c. 155. -

in part.

4 Geo. 4. c. 71-

in part.

3 & 4 Will. 4. c. 85,

in part.

SECOND SCHEDULE

An Act for continuing in the East India Company for a further term
the possession of the British territories in India, together with
certain exclusive privileges; for establishing further regulations for
the government of the said territories, and the better administration
of justice within the same, and for regulating the trade to and
from the places within the limits of the said company's charter.

In part; namely—

Section eighty-nine from “ and the said Court of Directors "
to the end of the section.

An Act for defraying the charge of retiring pay, pensions, and other
expense of that nature of His Majesty’s forces serving in India,
for establishing the pensions of the bishop, archdeacons, and judges,
for regulating ordinations, and for establishing a court of judicature
at Bombay.

In part; namely—

In section three, the words “ and to any such archdeacon who
“ shall have exercised in the East Indies or parts aforesaid
“ for ten years the office of archdeacon," and the words or
•« archdeacon " at the end of this section.

An Act for effecting an arrangement with the East India Company,
and for the better government of His Majesty's Indian territories
till the thirtieth day of April one thousand eight hundred and
fifty-four.

In part; namely—

Section seventy-six, from * and the said Court of Directors "
to the end of the section, and section ninety-one.

CHAPTER 4.

Short title.
Interpretation.

An Act to render valid certain proceedings taken for the
Belief of Distress in Ireland, and to make further
provision for such Belief; and for other purposes.

[15th March 1880.]

1, This Act may be cited as the Relief of Distress (Ireland) Act,

188 °.

2. In this Act, if not inconsistent with the context, the term
“ the Poor Law Acts ” means the Act passed in the session of
Parliament held in the first and second years of the reign of Her
present Majesty, chapter fifty-six, and the Acts altering or amending
the same.

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1880. Relief of Distress (. Irelcmd) Act , 1880. Ch. 4.

The term "the Land Improvement Acts” means the Acts men¬
tioned in the schedule to this Act, and the Acts altering or amending
them.

The term "the Local Government Board” means the Local
Government Board for Ireland.

The term “ Lord Lieutenant ” means the Lord Lieutenant or other
chief governor or governors of Ireland for the time being.

3. At any time after the passing of this Act and before the thirty- Extension of
first day of December one thousand eight hundred and eighty, the

Local Government Board may, from time to time, if and so far as i^foodand *
they think fit, authorise by order under their seal the guardians of fuel,
the poor of any union to administer relief in food and fuel, or either
of them, out of the workhouse, to poor persons, whether such poor
persons might, under the Poor Law Acts, have obtained relief out of
the workhouse or not, in the union, or in any electoral division or
divisions thereof, for any time not exceeding two calendar months
from the date of such order ; and the Local Government Board may,
from time to time, by an order under their seal for that purpose,
revoke any such order either wholly or with reference to any par¬
ticular person or class of persons in receipt of such relief; and on the
receipt by the guardians of any union of any such order of the Local
Government Board authorising such relief in food and fuel, or either
of them, the guardians shall make provision for affording such relief
accordingly for such time and on such conditions as may be specified
in the order or until the said order is revoked ; and the proviso at
the end of the second section of the Act passed in the session of
Parliament of the twenty-fifth and twenty-sixth years of the reign 25 & 26 Viet,
of Her present Majesty, chapter eighty-three, shall not apply to the c - 83 -
relief to be afforded under this Act.

The expense of affording relief under this Act to each person so
relieved shall be charged in the same manner as if such expense had
been incurred in affording in-door relief to such person under the
provisions of the Poor Law Acts.

4. In addition to any power of borrowing vested in boards of Power to
guardians under the Acts in force at the time of the passing of this borrow *

Act, the board of guardians of any union may, with the sanction

of the Local Government Board, for the purpose of defraying any
costs, charges, or expenses incurred or to be incurred by them in
the execution of this Act, or of the Poor Law Acts, other than for
building, borrow and take up at interest any sums of money neces¬
sary for defraying any such costs, charges, and expenses.

In the case of every such loan the following provisions shall take
effect:—

(1.) The Board of Guardians may borrow any such sums on the
credit of the rates of such of the electoral divisions in the
union as the guardians with the sanction of the Local
Government Board may determine ; and for securing the
repayment of any sums so borrowed, with interest thereon,
they may mortgage to the persons by or on behalf of whom
such sums are advanced the rates leviable on such electoral
division or division?.

(2.) The money shall be borrowed for such time not exceeding ten
years as the guardians with the consent of the Local
Government Board determine in each case.

Digitized by LjOOQle

41 & 42 Viet,
c. 52.

Power ofj;
Board of
Works to lend.

Repayment of
loans made by
the Board of
Works.

Orders for pay¬
ment of loans
may be made
by Local Go¬
vernment
Board.

Confirmation
of expenditure
by guardians,
and indemnity.

Ch. 4. Relief of Distress {Ireland) Ad, 1880. 43 Vict.

(3.) It shall not be lawful for the Local Government Board to
sanction any such loan after the first day of March one
thousand eight hundred and eighty-one.

(4.) All sums so borrowed shall be repaid by such instalments as
may be agreed on with the sanction of the Local Govern¬
ment Board.

The several provisions of the Public Health (Ireland) Act, 1878,
relative to loans to rural sanitary authorities, so far as they are
consistent with the enactments contained in this Act, shall apply
to all loans contracted by Boards of Guardians under this Act.

5. The Commissioners of Public Works in Ireland may, with
the consent of the Commissioners of Her Majesty's Treasury, on the
application of any Board of Guardians and on the recommendation
of the Local Government Board, make out of any moneys placed
at their disposal by Parliament for the purpose of loans any loan to
such Board of Guardians in pursuance of any power of borrowing
conferred by this Act, on the security of any rate applicable to any
of the purposes of the Poor Law Acts, and without requiring any
further or other security, such loans to bear interest at the rate of
three and a half per centum per annum.

6 . If at any time before the passing of this Act the Commissioners
of Public Works in Ireland shall have advanced money to any Board
of Guardians upon the faith of a resolution of the board agreeing to
repay the advance in such manner as the Commissioners of the
Treasury should prescribe, the sum so advanced, or any part thereof
remaining unpaid from time to time, together with interest on such
sum or part, shall be a charge upon the rates leviable on such
electoral division or divisions in the union as the Local Government
Board shall appoint; and such sum or part shall be repaid in such
manner, within such time, and with such interest, as the Commis¬
sioners of the Treasury shall prescribe.

7. If at any time the Commissioners of Public Works in Ireland
certify that any sum remains due to them from the Board of
Guardians of any union on account of any loan or advance made
under this Act, or on the faith of any such resolution, and is then
payable to the Commissioners, the Local Government Board shall by
order under their seal assess that sum on such of the several electoral
divisions in the union as they think proper, and shall send copies of
the order to the Board of Guardians and to the treasurer of the
union ; and thereupon the treasurer of the union shall, out of any
money then in his hands to the credit of the guardians, or if such
money is insufficient for the purpose then out of all moneys sub¬
sequently received by him on account of the guardians, pay over the
amount mentioned in the order to the Commissioners of Public
Works. The guardians of the union shall debit the several electoral
divisions with such proportions of that sum as the said order of the
Local Government Board shall have assessed upon such electoral
divisions respectively.

8 . If at any time before the passing of this Act any outlay shall
have been made by any Board of Guardians for the purpose of pro¬
viding out-door relief in food or fuel, such outlay, and all resolutions
and proceedings of the board and of their officers in relation thereto,
shall be ratified and confirmed and be as valid and effectual as if the
outlay had been made and the resolutions and proceedings had been

Digitized by tjOOQle

1880.

Ch. 4.

Relief of Distress {Ireland) Act , 1880.

passed and taken under the authority and in compliance with the
provisions of this Act: And all persons who have acted in any
manner in making any such outlay or otherwise in providing such
relief shall be released and indemnified from and against any
penalties, and from and against all legal claims or proceedings in
consequence thereof

9 . Whereas under the provisions of the Land Improvement Acts, Validation of
and under the provisions of the Public Health (Ireland) Act, 1878, loans,
and the Public Health (Ireland) Amendment Act, 1879, the Com- 41 & 42 Viet,
missioners of Public Works in Ireland are empowered to lend £* 2 5 £^ v ict
money to owners of land and to sanitary authorities, but subject c . 57 .
to the conditions prescribed by the above-mentioned Acts:

And whereas by reason of the want of employment for the
labouring classes, and the consequent distress in certain districts in
Ireland, it became desirable to extend without delay the facilities
and advantages in obtaining loans under the said Acts, and to
dispense with some of the conditions prescribed by the said Acts:

And thereupon, for the purpose above stated, and with a view to
enable owners of land and sanitary authorities to afford immediate
employment to the labouring classes in such distressed districts, the
Commissioners of Her Majesty’s Treasury, on the application of His
Grace the Lord Lieutenant of Ireland, authorised the Commissioners
of Public Works in Ireland to lend to owners of land and sanitary
authorities in such districts sums of money for some of the purposes
of the said Acts, but upon terms more favourable to the borrowers
than the terms prescribed by the said Acts:

And in pursuance of such authority the Commissioners of Public
Works, by public notice dated the twenty-second day of November
one thousand eight hundred and seventy-nine, and by a subsequent
public notice dated the twelfth day of January one thousand eight
hundred and eighty, amending the former notice and extending to
all loans which had been applied for and obtained under the
conditions of the said former notice, announced that they were
authorised to make loans to owners of land and to sanitary autho¬
rities in certain districts under the said Acts, but upon the terms set
forth in such notices, for the purposes therein specified:

And whereas a number of loans have been applied for by owners
of land and sanitary authorities, and have been made to them by
the Commissioners of Public Works, in accordance with the said
public notices and upon the terms set forth therein, and it is
necessary and expedient that all such loans, and the several pro¬
ceedings taken or which shall be taken in reference to them, should
be ratified and confirmed upon the terms set forth in such notices.

Therefore, all loans made by the Commissioners of Public Works
in Ireland, in compliance with applications made under either of
their public notices of the twenty-second day of November and the
twelfth day of January last, and all advances of money made or
hereafter to be made by the Commissioners on account of any
such loan, and all contracts, express or implied by law, entered into
between the Commissioners and any person or sanitary authority
respecting any such loan, or any interest thereon, and all securities
for the repayment of any such loan or interest, and all things done
or to be done in the making or repaying of such loan, shall be

Digitized by LjOOQle

Ch. 4.

Validation of
baronial pre¬
sentments.

Relief of Distress {Ireland) Act , 1880. 43 Vict.

ratified and confirmed and be as valid and effectual as if the terms
set forth in the second of the said notices had been enacted in the
said Acts as the terms upon which any such loan might be made,
and as if such loan had been made in other respects in strict
accordance with the provisions of such Acts applicable to such loan;
and it is hereby declared that the provisions of the second of the
two notices aforesaid shall extend to loans applied for and obtained
under the conditions of the notice dated the twenty-second of
November; and in the case of any loan which would have been
charged upon any special land or rate if made in strict accordance
with the provisions of such Acts applicable to such loan, or with
reference to which loan uny of such Acts creates any legal right or
liability, such land or rate shall be charged and such legal right or
liability shall be created, as fully as if suet loan were made in strict
accordance with the provisions of such Acts applicable to such loan :
Provided always, that in any award for increase of rent to be made
by the Commissioners of Public Works, Ireland, under the said
Land Improvement Acts, the increase, if any, so awarded shall not
exceed the yearly rentcharge payable by the owner for such loan.

10 . And whereas further measures for the relief of some of such
distressed districts became necessary, and the Commissioners of Her
Majesty’s Treasury accordingly authorised the Commissioners of
Public Works to advance by way of loan, certain sums to be
expended in such works as should be presented by extraordinary
presentment sessions of certain baronies, which the Lord Lieutenant
announced that he would convene, on the application of the guardians
of the poor of unions situate either wholly or in part in those
baronies, when such application was supported by the report of the
Local Government Board ; and for other purposes:

And whereas, on such applications being made, the Lord Lieu¬
tenant directed extraordinary meetings of the baronial presentment
sessions to be convened in certain baronies in Ireland, and issued
certain instructions to the justices and the associated cess-payers
assembled at such presentment sessions as to the works which they
might present, and their proceedings in relation thereto, and as to
the approval by the Commissioners of Public Works of such pre¬
sentments, and the terms upon which loans would be made for
such works by the Commissioners of Public Works, and as to other
mattes: ,

And whereas extraordinary meetings of the presentment sessions
were held in some of such baronies, and the justices and associated
cess-payers have made presentments for works in accordance with
such instructions, and such presentments have been approved by
the Commissioners of Public Works, and loans have been made for
such works on the terms contained in such instructions:

And whereas it is necessary and expedient that all presentments
made at any such presentment sessions before or after the passing
of this Act which have been or shall be approved by the Commis¬
sioners of Public Works, and all loans and advances which have
been made or shall be made thereon, and the several proceedings
taken, or which shall be taken thereunder, should be ratified and
confirmed, and that such loans should be repaid as is provided by
this Act:

Digitized by VaOOQLe

Ch. 4.

1880. Relief of Bistre88 {Ireland) Act , 1880.

Therefore all presentments made or to be made at any such
extraordinary presentment sessions in accordance with such in¬
structions, and which have been or shall be approved by the
Commissioners of Public Works, and all works consequent upon
such presentments, and all advances of public money made or to
be made, and all things done or to be done in execution of such
presentments, shall be ratified and confirmed as if the same had
been presented, made, and done strictly in accordance with the
statutes under which such works may be presented for.

11. At any time after the passing of this Act, and before the Future meet-
thirty-first day of December one thousand eight hundred and eighty, ings of baronial
the Lord Lieutenant may from time to time, if he thinks fit, con- 8e8S10118 *
vene extraordinary presentment sessions for any barony, and may

issue instructions to the justices and the associated cess-payers
assembled at such sessions, to which instructions they shall conform.

The Lord Lieutenant may from time to time, if he think fit,
revoke, vary, or add to the instructions issued before the passing of
this Act, or which may be issued by him to the justices, and
associated cess-payers constituting any extraordinary presentment
sessions, but in so far as such instructions relate to any loan or
advance of money only with the consent of the Commissioners of
Her Majesty’s Treasury. All presentments made by such sessions,
in accordance with the instructions from time to time in force, shall
be as valid and effectual as if they had been duly presented by the
grand jury, and fiated by the court at any assizes or presenting
term.

The Commissioners of Public Works may, with the consent of
the Commissioners of Her Majesty’s Treasury, make loans or
advances for the purposes of carrying into effect the presentments
of any extraordinary presentment sessions convened under the
authority of this Act, and for the other purposes mentioned in the
instructions issued by the Lord Lieutenant, upon the terms herein¬
after stated.

All instructions issued by the Lord Lieutenant to the justices and
associated cess-payers of any extraordinary presentment sessions
shall be laid before Parliament within one month after they have
been issued, if Parliament is then sitting, and if not, then within
one month after the next meeting of Parliament.

12. The several persons entitled from time to time to attend as Permanence of
justices and as associated cess-payers respectively at the extraor- ^“i^ tlon ol
dinary presentment sessions in any barony, in accordance with the
instructions issued by the Lord Lieutenant, and the persons appointed

to serve on any Standing Committee of any such sessions, shall,
notwithstanding that they may have ceased to be entitled to attend
at the ordinary presentment sessions of the barony, continue to be
exclusively entitled to constitute the extraordinary presentment
sessions for a period of six months after the first meeting of the
extraordinary presentment sessions at which they were respectively
entitled to attend, or for such other period as the Lord Lieutenant
by order, to be published in the Dublin Gazette, may appoint.

13. The moneys advanced from time to time by the Commissioners Repayment of
of Public Works for the purpose of the presentments of any ex- advances,
traordinary presentment sessions shall be charged upon the several

Digitized by LjOOQle

Ch. 4.

Tax to be
divided like
poor rate.

Relief of Distress {Ireland) Act , 1880. 43 Vict.

baronies for the use of which they were advanced. The moneys paid
from time to time by the Commissioners of Public Works to the
secretary of the grand jury of any county, or to any county surveyor,
for expenses incurred by such secretary or surveyor, shall be charged
upon the county at large. All such sums shall be repaid, with
interest at the rate of one per centum per annum commencing from
the expiration of two years after the making of the loan, by grand
jury presentments, by thirty half-yearly instalments, the first of such
instalments to be presented at the assizes next preceding the expira¬
tion of the said period of two years; and the Commissioners of
Public Works shall, before each assizes, make out a certificate for
each county in which such extraordinary presentment sessions have
been held, specifying the amount properly chargeable upon each
barony in the county or upon the county at large. Every such
certificate shall be conclusive evidence of all facts and circumstances
necessary to authorise the making of it. The Commissioners of
Public Works shall transmit the certificate to the secretary of the
grand jury, to be laid before the grand jury, and thereupon the
grand jury shall, without any previous application to presentment
sessions, make a presentment for the amount specified in such
certificate as payable by each barony, or by the county at large, or,
in default of such presentment, the amount shall be raised by an
order of the judge of assize, which order shall have the force of a
presentment. The amounts raised under such presentments shall be
paid to the Commissioners of Public Works in such manner as the
Commissioners of the Treasury may from time to time direct.

14. Any person who is liable to pay a rent in respect of any
premises in any barony chargeable with any such repayment may
deduct from such rent, for each pound of the rent which he is liable
to pay, one half of the sum which he has paid under any such grand
jury presentment in respect of each pound of the net annual value
of such premises as valued under the Acts relating to the valuation
of rateable property in Ireland, and so in proportion for any less
sum than a pound: Provided always, that it shall not be lawful
under this Act for any such person to deduct from the rent payable
by him for such premises a larger sum than one half of the amount
of the cess which has been paid by him in respect of the same. Any
person receiving rent in respect of any premises liable to such pay¬
ment under grand jury presentment, who also pays a rent in respect
of the same, shall be entitled to deduct from the rent so paid by him
a sum bearing such a proportion to the amount of the sum deducted
from the rent received by him as the rent paid by him bears to the
rent received by him.

Provided always, whenever the net annual value of the whole of
the rateable hereditaments occupied by any person having no greater
estate or interest therein than a tenancy from year to year, or
holding under any lease or other contract of tenancy, shall not
exceed four pounds, the cess payable in respect of such heredita¬
ments under any presentment pursuant to this Act shall be applotted
on the immediate lessor of such person; and, if at the time of
applotting any such cess the name of such immediate lessor shall
not be accurately known to the person applotting the cess, it shall
be sufficient to describe him as “ the immediate lessor,” with or

Digitized by LjOOQle

1880.

Belief of Distress (Ireland) Act , 1880, Ch. 4.

without any name or further addition ; and such cess shall be held
to be duly applotted on him by such description, and shall be
recoverable from him accordingly, and all the provisions contained
in the sixty-sixth section of the Landlord and Tenant (Ireland) Act,
1870, relative to the payment of grand jury cess in certain cases,
and to the making of deductions from rent on account of such pay¬
ment, shall apply to the cess payable in respect of such heredita¬
ments under any presentment made pursuant to this Act, whether
such hereditaments are held under a tenancy created before or after
the passing of the said Landlord and Tenant (Ireland,) Act, 1870.

In the baronies chargeable under this Act receipts for grand jury
cess shall be given by the collectors, distinguishing the amount paid
under presentments pursuant to this Act from the rest of the cess
payable for the half year.

15 . The Commissioners of Public Works may pay to the secretary
of the grand jury of any county, and to the county surveyor, such
sums as they consider to have been properly and necessarily ex¬
pended by such secretary or surveyor in publishing notices or
advertisements, or in attendance at such presentment sessions, or
otherwise in relation to such presentment sessions, and for the
remuneration of such clerks or assistants as the Commissioners may
sanction. The sums so paid by the Commissioners, and any sums
paid by them before the passing of this Act to any such secretary
or county surveyor for such purposes, shall be repaid to the Com¬
missioners by grand jury presentment in the manner provided by
this Act.

The grand jury shall present to every collector remuneration for
the collection of all assessments made for the purposes mentioned in
this Act, at the same rate as they present to him for collecting
grand jury cess ; and the grand jury may, if they think fit, also
present to the secretary of the grand jury, and the county surveyor,
and his assistants, and to the treasurer of any county who was in
office as such treasurer prior to the passing of the Act of the session
of Parliament held in the thirtieth and thirty-first years of the
reign of Her present Majesty, chapter forty-six, such reasonable
sum, to be levied off the county at large, as remuneration for the
trouble incurred by each such person in respect to such presentment
sessions, as, having regard to the other duties of sucli person and the
rate at which he is remunerated for them, the grand jury thinks fit.

Where any presentment has been made at extraordinary present¬
ment sessions for the making of a new road or the widening of
an old road, the grand jury may, without previous application to
presentment sessions, present to any owner or occupier of the
ground through which the new road is to be made or into which
the old road is to be widened, as compensation for the loss sustained
by such owner or occupier, such sums as they think fit, chargeable
upon the barony or baronies in which the land is situate. All such
owners and occupiers shall be entitled to traverse for damages.

The Commissioners of Public Works may, if they think fit, lend
to any grand jury the amounts presented by the grand juiy under
the authority, of this section. Every such loan shall be charge¬
able upon the county at large, or upon the barony specified in the

33 & 34 Viet,
c. 46.

33 & 34 Viet,
e. 46.

Remuneration
for county
officers.

30 & 81 Viet,
c. 46.

Digitized by LjOOQle

Audit of
accounts.

Repayment to
the Treasury.

Extension of
borrowing
powers of
Commissioners
of Church
Temporalities,
32 & 33 Viet,
c. 42.

32 & 33 Viet,
c. 42.

32 & 33 Viet
c. 42.

Repayment to
Church Com¬
missioners.

Indemnity and
saving.

Oh. 4. Relief of Distress {Ireland) Act , 1880. 43 Yicr.

presentment, and shall be repayable on the same terms as the loans
for other presentments validated by this Act.

16 . The accounts of every extraordinary presentment sessions
shall be audited in the same manner as county accounts are audited;
and the provisions of all Acts relative to the auditing of county
accounts in Ireland shall apply to the auditing of the accounts of
such presentment sessions.

17 . Whereas the Commissioners of Public Works have, by the
authority of the Commissioners of the Treasury, advanced to owners
of land, and to sanitary authorities, and to county officers, and for
the purposes of the extraordinary presentment sessions, certain
moneys for the time being in their hands or under their control
for purposes other than those, or on terms different from those, for
which the said moneys were voted by Parliament:

And whereas it is expedient to make good the same and to
provide for further advances under this Act:

Therefore, the Commissioners of Church Temporalities in Ireland
shall advance to the Commissioners of Public Works out of any
moneys at their disposal, or which they may raise on the security
of their annual income, such sum or sums not exceeding in the
whole the sum of seven hundred and fifty thousand pounds, as the
Commissioners of the Treasury may from time to time direct.

18 . The several provisions of the Irish Church Act, 18G9, with
respect to the raising of money by the Commissioners of Church
Temporalities in Ireland, and the giving of security for the repay¬
ment thereof, and of interest thereon, and with respect to the power
of the Commissioners for the Reduction of the National Debt to
make advances to the said Commissioners of Church Temporalities,
and with respect to the powers of the Commissioners of Her
Majesty’s Treasury in relation to the money so to be raised, shall
be extended and shall apply to the purposes of this Act as fully as
such provisions apply to the purposes of the Irish Church Act, 1869.

Any advance made by the Commissioners for the Reduction of
the National Debt to the Commissioners of Church Temporalities
for the purposes of this Act, shall be charged upon the property
accruing to and shall be payable by the Commissioners of Church
Temporalities under the said Irish Church Act, 1869, as if it were
part of the debt already owing by the Commissioners of Church
Temporalities to the Commissioners for the Reduction of the National
Debt, and shall be paid to the latter in priority of all debts due
from the said Church Temporalities Commissioners under any
statutes except the said Irish Church Act, 1869.

19 . The amounts presented from time to time by grand juries,
and the amounts paid from time to time by sanitary authorities and
owners of land, in repayment of loans made by the Commissioners
of Public Works, shall be paid by the Commissioners of Public
Works, subject to such directions as the Commissioners of the
Treasury may give from time to time, to the Commissioners of
Church Temporalities.

20 . All persons who shall have acted in any manner in making
any such loan as is mentioned in this Act, or in any proceeding for
giving effect to the notices or instructions mentioned in this Act, or

Digitized by LjOOQle

1880.

Relief of Distress {Ireland) Act , 1880. Ch. 4, 5.

to the presentments of the extraordinary presentment sessions, or
in making any advance of money to the Commissioners of Public
Works or to any other person or authority for the purposes of such
loans, shall be released and indemnified from and against all penal¬
ties in consequence thereof.

Nothing contained in this Act shall be taken to prejudice or
affect any proceeding for the recovery of any debt from any grand
jury, or board of guardians, or sanitary authority, or person which
the Commissioners of Public Works would have been entitled to
take if this Act had not been passed.

21 . And whereas by reason of exceptional distress in Ireland Out-door relief
persons entitled to the parliamentary or other franchise may be eieetorSTis^
compelled to accept temporary relief under the provisions of this ability.

Act, and it is reasonable that under the special circumstances they
should not suffer any disability: Be' it therefore enacted, that no
electoral disability or loss of such franchise shall be incurred by any
voter who may be granted put-door relief or assistance under the
provisions of this Act.

SCHEDULE of Acts referred to in Section 2.

10 & 11 Yict. c. 32. 23 & 24 Viet. c. 19.

12 & 13 Viet. c. 59. 25 & 26 Viet. c. 29.

13 & 14 Viet. c. 31. 29 & 30 Viet. c. 40.

15 & 16 Viet. c. 34.

CHAPTER 5.

An Act to apply certain Sums out of the Consolidated Fund
to the service of the years ending on the thirty-first day
of March one thousand eight hundred and eighty, and
one thousand eight hundred and eighty-one.

[15th March 1880.]

Most Gracious Sovereign,

W E, Your Majesty’s most dutiful and loyal subjects, the Com¬
mons of the United Kingdom of Great Britain and Ireland,
in Parliament assembled, towards making good the supply which
we have cheerfully granted to Your Majesty in this session of
Parliament, have resolved to grant unto Your Majesty the sums
herein-after mentioned ; and do therefore most humbly beseech
Your Majesty that it may be enacted; and be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:

1. The Commissioners of Her Majesty’s Treasury for the time of
being may issue out of the Consolidated Fund of the United King- out of

dom of Great Britain and Ireland, and apply towards making good the Consoli-
the supply granted to Her Majesty for the service of the year ending dated Fund
f on the thirty-first day of March one thousand eight hundred and 4 ?
eighty, the sum of three millions nine hundred and eighty-two ending 3 1st
thousand nine hundred and two pounds three shillings and three- March 1880 .
pence.

[the LAW MKPOKT8.] B

Digitized by LjOOQle

43 VlCT.

Issue of
16,641,300/.
out of the Con¬
solidated Fund
for the service
of the year
ending 31st
March 1881.

Power to the
Treasury to
borrow.

Short title.

Justices to
have discretion
as to licences
for consump¬
tion of beer off
premises.

32 & 33 Viet,
c. 27.

Licences at
annual licen-

Ch. 5, 6. Consolidated Fwnd (No. 1) Act , 1880.

2. The Commissioners of Her Majesty's Treasury for the time
being may issue out of the Consolidated Fund of the United
Kingdom of Great Britain and Ireland, and apply towards making
good the supply granted to Her Majesty for the service of the year
ending on the thirty-first day of March one thousand eight hundred
and eighty-one, the sum of sixteen millions six hundred and forty-
one thousand three hundred pounds.

3. The Commissioners of the Treasury may borrow from time to
time, on the credit of the said sums, any sum or sums not exoeeding
in the whole the sum of twenty millions six hundred and twenty-
four thousand two hundred and two pounds three shillings* and
threepence, and shall repay the moneys so borrowed, with interest
not exceeding five pounds per centum per annum, out of the growing
produce of the Consolidated Fund at any period not later than the
next succeeding quarter to that in which the said sums were
borrowed.

Any sums so borrowed shall be placed to the credit of the account
of Her Majesty's Exchequer, and shall form part of the said Conso¬
lidated Fund, and be available in any manner in which such fund
is available.

4. This Act may be cited as the Consolidated Fund (No. 1) Act,
1880.

CHAPTER 6.

An Act for amending the law relating to the grant by
Justices of Certificates for Beer Dealers Retail Licences.

[19th March 1880.]

W HEREAS by the enactments described in the schedule to this
Act provision is now made for the holder of a strong beer
dealer's wholesale excise licence obtaining, on a certificate granted by
justices, an additional licence for sale of beer by retail for consumption
off the premises, and it is expedient that justices should be at
liberty to exercise their discretion respecting the grant of such
certificates, as they are in respect of their certificates for licences for
sale of beer to be consumed on the premises, and that such certificates
should be granted at the general annual licensing meeting of
justices, and not at any other time :

Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows :

1 . Section eight of the Wine and Beerhouse Act, 1869, is hereby
repealed, as far as the qualification therein contained relates to
grants of certificates for such additional licences as aforesaid; and
the licensing justices shall be at liberty either to refuse such certifi¬
cates as aforesaid on any grounds appearing to them in the exercise
of their discretion sufficient, or to grant the same to such persons as
they, in the execution of their statutory powers, and in the exercise
of their discretion, deem fit and proper.

2. Section thirty-one of the Licensing Act, 1874, is hereby
repealed, as from and after the general annual licensing meeting

Digitized by LjOOQle

1880.

Beer Dealers Retail Licences Act , 1880. Ch. 6, 7. 19

held in any licensing district next after the passing of this Act; and 8in g meetings
thenceforth certificates for such additional licences as aforesaid shall 3 “ l £ 38 y lct
be granted at general annual licensing meetings, and not at any c. 49.
other time.

3. This Act may be cited as the Beer Dealers Retail Licences Act, Short title ;
1880, and shall not extend to Scotland or Ireland, and words therein
have the same meaning as in the Licensing Act, 1872, 35 & sg Viet

C. 94,

SCHEDULE.

j Enactments relating to Beer Dealers Retail Licences ,

An Act for granting to Her Majesty certain duties of Inland Revenue
and to amend the Jaws relating to the Inland Revenue.—26 & 27 Viet. c. 33
(section one).

The Wine and Beerhouse Act, 1869.—32 & 33 Viet. c. 27.

The Licensing Act, 1874.—37 & 38 Viet. c. 49.

CHAPTER 7 .

An Act to amend the Law in regard to charging B/Oad
Debts on Entailed Estates in Scotland.

[19th March 1880.]

W HEREAS it is expedient that the provisions of the seventieth
section of the Roads and Bridges (Scotland) Act, 1878, should
be extended to debts affecting turnpike roads and bridges made or
built prior to the passing of the Act of the first and second years of
the reign of His Majesty King William the Fourth, chapter forty-
three, as well as to debts affecting turnpike roads and bridges made
or built subsequently to the passing of the last-mentioned Act:

Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:

1 # The seventieth section of the Roads and Bridges (Scotland)
Act, 1878, shall be read and construed as if the words “such debts ”
included sums of money advanced by any person to the trustees
acting under any Act of Parliament for the purpose of making or
maintaining any turnpike road or building any bridge in Scotland,
notwithstanding that such turnpike road was made or such bridge
was built prior to the passing of the Act of the first and second
years of the reign of His Majesty King William the Fourth, chapter
forty-three.

41 & 42 Viet,
c. 51.

1 & 2 W.4.C.48.

Amendment of
8. 70 of41 & 42
Viet c. 51.

1 & 2 W.4.C.43.

B 2

Digitized by LjOOQle

42 & 43 Viet
c. 64.

Amendment of
s. 22 of recited
Act

Ch. 8, 9. Artizano Dwellings Act (1868) Amendment 43 Yict.
Act (1879) Amendment.

CHAPTER 8.

An Act to explain and amend the twenty-second section
of the Artizans and Labourers Dwellings Act, 1868,
Amendment Act, 1879. [19th March 1880.]

W HEREAS an Act entitled the Artizans and Labourers
Dwellings Act, 1868, Amendment Act, 1879, was passed in
the last session of Parliament:

* And whereas in the twenty-second section of the said Act the
words “ in the form set forth in the Third Schedule hereto ” were
inserted by mistake:

Be it therefore declared and enacted by the Queen's most Excellent
Majesty, by and with the consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, That the said section shall be construed and
read as if the said words had not been inserted therein.

CHAPTER 9.

An Act to provide during twelve months for the Discipline
and Regulation of the Army. [19th March 1880.]

“TTTHEREAS the raising or keeping a standing army within the
▼ ▼ United Kingdom of Great Britain and Ireland in time of
peace, unless it be with the consent of Parliament, is against law:

And whereas it is adjudged necessary by Her Majesty, and this
present Parliament, that a body of forces should be continued for the
safety of the United Kingdom, and the defence of the possessions of
Her Majesty's Crown, and that the whole number of such forces
should consist of one hundred and thirty-one thousand eight hun¬
dred and fifty-nine men, including those to be employed at the
dep&ts in the United Kingdom of Great Britain and Ireland for
the training of recruits for service at home and abroad, but exclu¬
sive of the numbers actually serving within Her Majesty's Indian
possessions:

And whereas it is also judged necessary for the safety of the
United Kingdom, and the defence of the possessions of this realm,
that a body of Royal Marine forces should be employed in Her
Majesty's fleet and naval service, under the direction of the Lord
High Admiral of the United Kingdom, or the Commissioners for
executing the office of Lord High Admiral aforesaid :

And whereas the said Marine forces may frequently be quartered
or be on shore, or sent to do duty or be on boanl transport ships or
merchant ships or vessels, or ships or vessels of Her Majesty, or other
ships or vessels, or they may be under other circumstances in which
they will not be subject to the laws relating to the government of
Her Majesty's forces by sea :

And whereas no man can be forejudged of life or limb, or sub¬
jected in time of peace to any kind of punishment within this realm
by martial law, or in any other manner than by the judgment of his
peers, and according to the known and established Jaws of this realm ;
yet nevertheless it being requisite, for the retaining all the before-

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1880. Amiy Discipline and Regulation {Annual) Act , 1880. Ch. 9.

mentioned forces, and other persons subject to military law, in their
duty, that an exact discipline be observed, and that persons belonging
to the said forces who mutiny or stir up sedition, or desert Her
Majesty’s service, or are guilty of crimes and offences to the pre¬
judice of good order and military discipline, be brought to a more
exemplary and speedy punishment than the usual forms of the law
will allow:

And whereas the Army Discipline and Regulation Act, 1879, will 42 & 48 Viet,
expire— 33 *

(a.) In the United Kingdom, the Channel Islands, and the Isle
of Man on the thirtieth day of April one thousand eight
hundred and eighty; and

( 6 .) Elsewhere in Europe, inclusive of Malta, also in the West
Indies and America, on the thirty-first day of July one
thousand eight hundred and eighty; and

(c.) Elsewhere, whether within or without Her Majesty’s domi¬
nions, on the thirty-first day of December one thousand
eight hundred and eighty:

Be it therefore enacted by the Queen’s most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:

1. This Act may be cited for all purposes as the Army Discipline Short title,
and Regulation (Annual) Act, 1880.

2. The Army Discipline and Regulation Act, 1879, shall be and AnnyDieci-
remain in force until the dates herein-after mentioned, and no

longer, unless otherwise provided by Parliament; that is to say, (42 & 43 vict.

(1.) Within the United Kingdom, the Channel Islands, and the c. 33.) to be in
Isle of Man, from the thirtieth day of April one thousand
eight hundred and eighty to the thirtieth day of April one
thousand eight hundred and eighty-one, both inclusive ; and

( 2 .) Elsewhere in Europe, inclusive of Malta, also in the West
Indies and America, from the thirty-first day of July one
thousand eight hundred and eighty to the thirty-first day
of July one thousand eight hundred and eighty-one, both
inclusive; and

(3.) Elsewhere, whether within or without Her Majesty’s domi¬
nions, from the thirty-first day of December one thousand
eight hundred and eighty to the thirty-first day of
December one thousand eight hundred and eighty-one,
both inclusive.

The Army Discipline and Regulation Act, 1879, while in force 42 & 43 Vict.
shall apply to persons subject to military law, whether within or c * 33 -
without Her Majesty’s dominions.

A person subject to military law shall not be exempted from the
provisions of the Army Discipline and Regulation Act, 1879, by 42 * 43 Vict.
reason only that the number of the forces for the time being in the c ' 83 ‘
service of Her Majesty, exclusive of the Marine forces, is either
greater or less than the number herein-before mentioned.

3. There shall be paid to the keeper of a victualling house for Price* in re-

the accommodation provided by him in pursuance of the Army J£^ tofbl1 "
Discipline and Regulation Act, 1879, the prices specified in the 42 & 43 vict
Schedule hereto. c. 83.

Digitized by LjOOQle

Ch. 9, 10. Army Discipline and. Regulation (Annual). 43 Vict.

SCHEDULE.

Accommodation to be provided.

Maximum Price.

Lodging and attendance for soldier where hot meal
furnished.

Hot meal as specified in Part I. of the Second Sche¬
dule to the Army Discipline and Regulation Act,
1879.

Where no hot meal furnished, lodging and atten¬
dance, and candles, vinegar, salt, and the use of
fire, and the necessary utensils for dressing and
eating his meat.

Ten pounds of oats, twelve pounds of hay, and eight
pounds of straw per day for each horse.

Lodging and attendance for officer -

Twopence halfpenny per
night.

One shilling and one penny
halfpenny each.

Fourpence per day.

One shilling and ninepence
per day.

Two shillings per night.

Note .—An officer shall pay for his food.

42 & 43 Vict.
c. ccvi.

Power to
Secretary of
State to
raise any sum
not exceeding
2,950,000/.

CHAPTER 10.

An Act to enable the Secretary of State in Council of
India to raise money in the United Kingdom for the
purpose of paying off or redeeming Debentures of the
East Indian Railway Company. [19th March 1880.]

W HEREAS by virtue of the East Indian Railway Company
Purchase Act, 1879, the undertaking of the East Indian
Railway Company, and all other the property of the said Company,
save and except as therein mentioned, have been transferred to and
vested in the Secretary of State in Council of India, herein-after
called the Secretary of State, subject to such debts and liabilities as
have been incurred by the said Company to the East India Company
or to any person or persons with the sanction of the East India
Company or of the Secretary of State, and to interest on such of
the said debts as carry interest:

And whereas among such debts and liabilities are included the
principal moneys and interest secured by the debentures mentioned
in the schedule hereto :

And whereas the principal moneys secured by the said debentures,
amounting in all to two million nine hundred and fifty thousand
pounds, will become payable at the respective times specified in the
said schedule:

And whereas it is expedient that provision should be made for
paying off or redeeming the said debentures as and when the prin¬
cipal moneys secured thereby become payable :

1. It shall be lawful for the Secretary of State at any time or
timea to raise in the United Kingdom for the service of the Govern¬
ment of India such sum or sums of money, not exceeding in the
whole two million nine hundred and fifty thousand pounds, as may

Digitized by LjOOQle

1880. East India Loan (East Indian Railway Debentures). Ch. 10. 23

be required for the purpose of paying off or redeeming the principal
moneys, secured by the debentures specified in the schedule hereto,
such sum or sums to be raised by the creation and issue of bonds,
debentures, or capital stock bearing interest, or partly by one of such
modes and partly by another or others.

2. All bonds issued under the authority of this Act may be issued As to issue of
under the hands of two members of the Council of India, and bonds *
countersigned by the Secretary of State, or one of his under secre¬
taries, or his assistant under secretary, and shall be for such respec¬
tive amounts, payable after such notice, and at such rate or rates of
interest, as the Secretary of State may think fit.

3. All debentures issued under the authority of this Act may be As to issue of
issued under the hands of two members of the Council, and coun- debentures *
tersigned as aforesaid, for such respective amounts, and at such rate

or rates of interest, as the Secretary of State may think fit, and
shall be issued at or for such prices and on such terms as may be
determined by the Secretary of State.

4. All debentures issued under the authority of this Act shall be As to payment
paid off at par at a time or times to be mentioned in such deben- fnt^ton 1 ^
tures respectively; and the interest on all such debentures shall be debentures,
paid half-yearly on such days as shall be mentioned therein; and

the principal moneys and interest secured by such debentures shall
be payable either at the treasury of the Secretary of State in London
or at the Bank of England.

5. All or any number of the debentures issued under the autho- Debentures and
rity of this Act, and all right to and in respect of the principal and ?° u P on8 for
interest moneys secured thereby, shall be transferable by the delivery b^ S *
of such debentures; and the coupons for interest annexed to any deliTery.
debenture issued under the authority of this Act shall also pass by
delivery.

6. Any capital stock created under the authority of this Act shall Interest, &c. of
bear such a rate of interest as the Secretary of State may think fit; 8tock -
and such capital stock may be issued on such terms as may be
determined by the Secretary of State ; and any such capital stock

may bear interest during such period, and be paid off at par at such
time, as the Secretary of State may prescribe previously to the issue
of such capital stock.

7. Iu case of the creation and issue of any such capital stock T r an8 j’ er h?? k8
there shall be kept, either at the office of the Secretary of State in gtoSk tobe*
London or at the Bank of England, books wherein entries shall be kept,
made of the said capital stock, and wherein all assignments or
transfers of the same, or any part thereof, shall be entered and
registered, and shall be signed by the parties making such assign¬
ments or transfers, or, if such parties be absent, by his, her, or their
attorney or attorneys thereunto lawfully authorised by writing

under his, her, or their hands and seals, to be attested by two or
more credible witnesses; and the person or persons to whom such
transfer or transfers shall be made may respectively underwrite his,
her, or their acceptance thereof; and no other mode of assigning or
transferring the said capital stock or any part thereof, or any
interest therein, shall be good and available in law, and no stamp
duties whatsoever shall be charged on the said transfers or any of
them.

Digitized by

Amount to be
charged on re¬
venues of India.

Power to raise
money for pay¬
ment of prin¬
cipal money.

Securities, &c.
to be charged
on revenues of
India.

Provisions as to
composition for
stamp duties on
India bonds
extended to
bonds and deben¬
tures issued
under this Act.

Forgery of
debentures and
bills to be
punishable as
forgery of East
India bonds.

Saving borrow¬
ing powers of
Secretary of
State.

Stock created
under this Act
to be deemed
East India
stock.

Sect. 3, &c. of

33 & 34 Viet,
c. 93. extended
to capital stock
created under
this Act.

34 & 35 Viet. c. 29.
extended to all
capital stock
issued by the
Secretary of
State under the
authority of
Parliament.
Short title.

Ch. 10. East India Loan(East Indian Railway Debentures ). 43Vict.

8 . The whole amount of the principal moneys to be charged on.
the revenues of India under this Act shall not exceed two millions
nine hundred and fifty thousand pounds.

9. Upon or for the repayment of any principal money secured
under the authority of this Act, the Secretary of State may at any
time borrow or raise, by all or any of the modes aforesaid, all or
any part of the amount of principal money repaid or to be repaid,
and so from time to time as all or any part of any principal money
under this Act may require to be repaid, but the amount to be
charged upon the revenues of India shall not in any case exceed the
principal money required to be repaid.

10. All bonds and debentures to be issued under this Act, and
the principal moneys and interest thereby secured, and all capital
stock to be issued under this Act, and the interest thereon, shall be
charged on and payable out of the revenues of India, in like manner
as other liabilities incurred on account of the Government of India.

11. The provisions contained in section four of the Act of the
session holden in the fifth and sixth years of King William the
Fourth, chapter sixty-four, with respect to the composition and
agreement for the payment by the East India Company of an annual
sum in lieu of stamp duties on their bonds, and the exemption of
their bonds from stamp duties, shall be applicable with respect to
the bonds and debentures to be issued under the authority of tliis
Act, as if such provisions were here repeated and re-enacted with
reference thereto.

12. AH provisions now in force in anywise relating to the offence
of forging or altering or offering, uttering, disposing of, or putting
off, knowing the same to be forged or altered, any East India bond,
with intent to defraud, shah extend and be applicable to and in
respect of any debenture or bond issued under the authoritj' of this
Act.

13. This Act shall not prejudice or affect any power of raising
or borrowing money vested in the Secretary of State at the time of
passing thereof.

14. Any capital stock created under this Act shall be deemed to
be East India stock, within the Act of the twenty-second and
twenty-third Victoria, chapter thirty-five, section thiriy-two, unless
and until Parliament shall otherwise provide; and any capital stock
created under this Act sliaU be deemed to be and shall mean India
stock within the Act of the twenty-sixth and twenty-seventh
Victoria, chapter seventy-three, anything in the said last-mentioned
Act to the contrary notwithstanding.

15. The provisions contained in the third section of the Act oi
the thirty-third and thirty-fourth Victoria, chapter ninety-three,
and all other enactments in the said Act relating to or affecting such
provisions, shall be extended and be applicable to any capital stock
created under this Act.

16. The provisions contained in the Act of the thirty-fourth and
thirty-fifth Victoria, chapter twenty-nine, shall be extended and be
applicable to all capital stock issued or to be issued by the Secretary
of State under the authority of Parliament.

17. This Act may be cited as the East India Loan (East Indian
Railway Debentures) Act, 1880,

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1880. East India Loan ( Eastlnd * Railway Debentures). Ch. 10,11. 25

SCHEDULE.

Redeemable Debentures of East Indian Railway Company.

Principal Moneys secured. When payable. | Bate of Interest per Annum.

1,000,000 - 1 January 1881 -

1,279,850 - 12 July 1882 -

230,150 - 1 December 1882

440,000 - 19 March 1883 -

2,950,000

CHAPTER 11.

An Act to make Powers of Attorney and Requests for
Transmission of Dividend Warrants by Post relating to
India Pive per centum Stock applicable to India Pour
per centum Stock. [19th March 1880.]

HEREAS, in accordance with the conditions under which
India five per cent, stock has been issued, the Secretary of
State in Council of India has given notice that it is his intention
to redeem that stock at par on the fifth day of July one thousand
eight hundred and eighty:

And whereas the said Secretary of State has offered to holders of
India five per cent, stock in exchange for such stock, and in lieu of
repayment in cash, a like amount of India four per cent, stock
bearing interest from the fifth day of April one thousand eight
hundred and eighty, together with the payment on the fifth day of
July one thousand eight hundred and eighty of one pound ten
shillings per cent, on the amount of stock exchanged, so as to make
up a sum equal to interest thereon at the rate of five pounds per
cent, per annum for the half year ending on the fifth day of July
one thousand eight hundred and eighty :

And whereas it is expedient that powers of attorney and requests
for transmission of dividend warrants by post relating to India five
per cent, stock should be made to extend and apply to India four
per cent, stock:

1. This Act may be cited as India Stock (Powers of Attorney) Short title.
Act, 1880.

2. Every power of attorney in force at the time of the passing of Powers of
this Act for the sale and transfer of any India five per cent, stock attorney for
shall, unless it be legally revoked or become void, remain in force indfo
for the purpose of enabling the attorney or attorneys therein named five per cent
or referred to to receive and give receipts for any principal sum of 8tock *° apply
such India five per cent stock, and to sell and transfer any India ^/“^t f 8tock

- 4J per cent.

- 4 per cent.

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Powers of
attorney for re¬
ceipt of divi¬
dends on India
five per cent
stock to apply
to India four
per cent stock.

Bequests for
post dividend
warrants in
respect of India
five per cent
stock to apply
to India four
per cent, stock.

Landlord's
hypothec to
cease after 11th
November
1881 .

Landlord's re¬
medies when
rent is due and
unpaid.

Ch. 11,12. India Stock {Powers of Attorney) Act } 1880. 43 Yict.

four per cent, stock that may be accepted in exchange for such five
per cent, stock, and to receive the consideration money and give
receipts for the same.

3. Every power of attorney in force at the time of the passing of
this Act for the receipt of dividends on any India five per cent,
stock shall, unless it be legally revoked or become void, remain in
force for the purpose of enabling the attorney or attorneys therein
named or referred to to receive the dividends to accrue on India
four per cent, stock, and also to receive the said payment of one
pound ten shillings per cent, on India five per cent, stock which
will become payable on the fifth day of July one thousand eight
hundred and eighty.

4. Every request for the transmission of dividend warrants by
post relating to India five per cent, stock in force at the time of the
passing of this Act, or which may hereafter be made, in pursuance
of the Act of the 34th and 35th Victoria, chapter 29, shall, unless it
be legally revoked or become void, extend and apply to India four
per cent, stock as if the stock mentioned in such request were
therein described as India four per cent, stock.

CHAPTER 12.

An Act to abolish the Landlord’s Right of Hypothec for
Rent in Scotland. [24th March 1880.]

1. From and after the eleventh day of November one thousand
eight hundred and eighty-one, herein-after called the commencement
of this Act, the landlord's right of hypothec for the rent of land,
including the rent of any buildings thereon, exceeding two acres in
extent, let for agriculture or pasture, shall cease and determine:
Provided that nothing herein contained shall apply to any claim for
rent due, or which may hereafter become due, under any lease,
writing, or bargain current at the date of the commencement of
this Act.

2. From and after the commencement of this Act the landlord
of any land exceeding two acres in extent, and let for agriculture
or pasture, shall, subject to the provisions of the preceding section
of this Act, have the same rights and remedies against his tenant
when six months rent is due and unpaid as is now provided by the
law of Scotland when twelve months rent is due and unpaid, and
shall also have the same rights and remedies against his tenant when
twelve months rent is due and unpaid as is now provided by the
law of Scotland when two years rent is due and unpaid, but subject
always to the following provision ; (that is to say,) It shall not be
lawful for the sheriff or sheriff-substitute to entertain any action
for caution and removing, or for irritancy and removing, unless such
action has been preceded by fourteen days written notice by re¬
gistered post office letter or otherwise to the tenant that such action
is intended, nor in an action for caution and removing to decern the

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1880.

Hypothec Abolition ( Scotland) Act , 1880. Ch. 12, 13.

tenant to find caution for more than the arrears of rent and one
year’s rent further.

Provided also, that in the event of the removal or ejection of a
tenant from such land in any year under the provisions of the Act
of Sederunt anent Removings of the fourteenth day of December one
thousand seven hundred and fifty-six, and of this Act, on account of
being in arrear of rent for six months or twelve months, as the case
may be, the following farther provisions shall have effect:

(1.) A tenant so removed or ejected shall not thereby forfeit the
rights of an outgoing tenant to which he would have been entitled
if his lease had naturally expired at the date of removing or ejection,
or at the last preceding term of Whitsunday or Martinmas in the
event of the removing or ejection taking place between these terms:

(2.) When the removing or ejection takes place between the
before-mentioned terms, the tenant shall be entitled to payment of
or credit for the expenditure made by such tenant since the last
preceding term on the labour, seed, and manure applied to any crop,
other than an away-going crop, falling within the immediately
preceding provision:

(3.) Where a tenant is removed or is ejected between the before-
mentioned terms, he shall not, except as herein-after provided, be
liable to pay for the occupation of such land after the immediately
preceding term of Whitsunday or Martinmas more than a proportion
of the rent effeiring to the period between such term and the date
of removing or ejection: Provided a] ways, unless otherwise expressly
stipulated, that where any away-going crop to which a tenant is
entitled is immature at the date of such removing or ejection, neither
the tenant nor any one deriving right through him shall be entitled
to carry away such crop at maturity until payment shall have been
made to the landlord of the proportion of rent effeiring to the land
under such crop for the period between the date of removing or
ejection and the next term of Martinmas, the rent of such land
being estimated according to the average rent of the whole land
from which the tenant has been so removed or ejected.

3. The provisions of the second section of this Act shall not apply
in any case in which the landlord’s right of hypothec has not ceased
and determined.

4. This Act may be cited as the Hypothec Abolition (Scotland)
Act, 1880.

CHAPTER 13.

An Act to apply certain sums out of the Consolidated Fund
to the service of the years ending on the thirty-first day
of March one thousand eight hundred and seventy-nine,
one thousand eight hundred and eighty, and one thou¬
sand eight hundred and eighty-one, and to appropriate
the Supplies granted in this Session of Parliament.

[24th March 1880.]

Most Gracious Sovereign,

"E, Your Majesty’s most dutiful and loyal subjects, the Commons
of the United Kingdom of Great Eritain and Ireland in
Parliament assembled, towards making good the supply which we

Provisions of
s. 2. not to
apply in
addition to
hypothec.

Short title.

Digitized by kjOOQle

28 Ch. 18. Appropriation Act , 1880. 43 Vict.

have cheerfully granted to Your Majesty in this session of Parlia¬
ment, have resolved to grant unto Your Majesty the sums herein-after
mentioned; and do therefore most humbly beseech Your Majesty
that it may be enacted; and be it enacted by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:

Issue of
1,230,750/.

9s. 10 d. out
of the Con¬
solidated Fund
for the service
of the years
ending 31st
March 1879
and 1880.

Issue of
8,322,177/.
out of the
Consolidated
Fund.

Power for the
Treasury to
borrow.

Grants out of Consolidated Fund .

1. The Commissioners of Her Majesty’s Treasury for the time
being may issue out of the Consolidated Fund of the United King¬
dom of Great Britain and Ireland, and apply towards making good
the supply granted to Her Majesty for the service of the years
ending on the thirty-first day of March one thousand eight hundred
and seventy-nine and one thousand eight hundred and eighty, the
sum of one million, two hundred and thirty thousand, seven hundred
and fifty pounds, niue shillings, and tenpence.

2. The Commissioners of Her Majesty’s Treasury for the time
being may issue out of the Consolidated Fund of the United King¬
dom of Great Britain and Ireland, and apply towards making good
the supply granted to Her Majesty for the service of the year ending
on the thirty-first day of March one thousand eight hundred and
eighty-one, the sum of eight millions, three hundred and twenty-
two thousand, one hundred and seventy-seven pounds.

3. The Commissioners of Her Majesty’s Treasury may borrow
from time to time on the credit of the said sum of nine millions,
five hundred and fifty-two thousand, nine hundred and twenty-seven
pounds, nine shillings, and tenpence, any sum or sums of equal or
less amount in the whole, and shall repay the moneys so borrowed,
with interest not exceeding five pounds per centum per annum, out
of the growing produce of the Consolidated Fund at any period not
later than the next succeeding quarter to that in which the said
moneys were borrowed.

Any moneys so borrowed shall be placed to the credit of the
account of Her Majesty’s Exchequer, and shall form part of the said
Consolidated Fund, and be available in any manner in which such
fund is available.

Appropriation of Grants .

Appropriation 4. All sums granted by this Act and the other Act mentioned in
for Schedule (A.) annexed to this Act out of the said Consolidated Fund

smices! 7 towards making good the supply granted to Her Majesty, amounting,
as appears by the said Schedule, in the aggregate to the sum of
thirty millions, one hundred and seventy-seven thousand, one
hundred and twenty-nine pounds, thirteen shillings, and one penny,
are appropriated and shall be deemed to have been appropriated as
from the date of the passing of the first of the Acts mentioned in
the said Schedule (A.) for the purposes and services expressed in
Schedule (B.) annexed hereto.

The abstract of schedules and schedules annexed hereto, with the
notes (if any) to such schedules, shall be deemed to be part of this
Act in the same manner as if they had been contained in the body
thereof.

Digitized by t^ooQle

1880.

Ch. 13.

Appropriation Act , 1880.

5. A person shall not receive any part of a grant which may be Declaration

made in pursuance of this Act for half pay or army, navy, or civil cer ~

non-effective services until he has subscribed such declaration as before receipt
may from time to time be prescribed by a warrant of the Commis- of 8uma .
sioners of Her Majesty's Treasury before one of the persons prescribed a PP ro P na

by such warrant.

Provided that, whenever any such payment is made at more
frequent intervals than once in a quarter, the Commissioners of Her
Majesty’s Treasury may dispense with the production of more than
one declaration in respect of each quarter.

Any person who makes a declaration for the purpose of this
section, knowing the same to be untrue in any material particular,
shall be guilty of a misdemeanor.

6. This Act may be cited for all purposes as the Appropriation Short title of

Act, 1880. Act -

ABSTRACT

SCHEDULES (A.) and (B.) to which this Act refers.

SCHEDULE (A.)

£ 8. d.

Grants out of the Consolidated Fund ----- 30,177,129 13 1
SCHEDULE (B.)— Appropriation of Grants.

Part 1. Deficiencies, 1878-79 - - - -

„ 2. Supplementary, 1879-80 -

„ 3. Exchequer Bonds, 1879-80 -

„ 4. Charges defrayed by the War Office on account of

India, 1879-80 .

,, 5. Abyssinian Expedition (of 1867-08), 1879-80 -
„ 6. (a.) War in South Africa, Vote of Credit, 1879-80
„ „ (6.) War in South Africa, Vote of Credit, 1879-80
(Griqualand West) -

„ „ (c.) War in South Africa, Vote of Credit, 1879-80

(Sikukuni Expedition, &c.) - - -

£ 8. d.

5,550 9 10
556,867 - -
3,410,000 - -

15,050 3 3
985 - -
703,000 - -

222,200 - -

300,000 - -

1880-81 :—

„ 7. Navy -
„ 8. Army -

„ 9. Army (Indian Home Charges) -

5,213,652 13 1

On account - 2,623,229 - -
15,541,300 - -
1 , 100,000 - -

10.

Civil Services, Class I.

On account

346,900

11.

Ditto,

Class II.

On account

535,450

12.

Ditto,

Class III.

On account 1,356,900

13.

Ditto,

Class IV.

On account 1,696,000

14.

Ditto,

Class V.

On account

159,350

15.

Ditto,

Class VI.

On account

282,100

16.

Ditto,

Class VII.

On account

15,700

Total Civil Services -

„ 17. Revenue departments, &c.

„ 18. Advances for Greenwich Hospital and School -

On account - 4,392,400 - -

On account - 1,270,000 - -

On account - 36,548 - -

30,177,129 13 1

Digitized by LjOOQle

Ch. 13.

Appropriation Act , 1880.

43 Vict.

SCHEDULE (A.)

Grants out of the Consolidated Fund.

Fop the service of the years ending 31st March 18/9 and
1880;

Under Act 43 Vict. cap. 5.

Under this Act -

For the service of the year ending 31st March 1881; viz.
Under Act 43 Vict. cap. 5.

Under this Act -

16,641,300 -
8,322,177 -

£ t. d.

3,982,902 3 3
1,230,750 9 10

Total

— 24,963,477 - -
- .£30,177,129 13 1

SCHEDULE (B.)— Part 1.

Deficiencies.

Schedule of Sums granted to make good deficiencies on the several grants herein
particularly mentioned for the year ended on the 31st day of March 1879; viz.:—

CIVIL SERVICES,
Class I.

Furniture of Public Offices

Class II.

Chief Secretary for Ireland, Offices

Land Registry

CLA88 III.

CLA88 IV.

National Gallery - -

Deep Sea Exploring Expedition (Report)

Queen’s University, Ireland

Class VI.

Superannuation and Retired Allowances -
Relief of Distressed British Seamen Abroad

Total -

£ s. d.

64 19 7

125 17 3

23 11 7

469 5 6
409 1 8

173 19 7

1,410 13 6

2,873 1 2

5,550 9 10

SCHEDULE (B.)— Part 2.

Supplementary.

Schedule of Supplementary Sums granted to defray the charges for the Services herein
particularly mentioned for the year ended on the 31st day of March 1880; viz.:

Class I.

Royal Palaces -
Marlborough House -
Royal Parks and Pleasure Gardens
Public Buildings, Great Britain
Furniture of Public Offices
Metropolitan Police Court Buildings -
New Courts of Justice and Offices
Public Buildings, Ireland
Shannon Navigation -
Diplomatic and Consular Buildings -

2,924

300

5,500

6,700

1,400

150

36,404

11,111

5,000

8,386

Digitized by

Googl(

1880.

Appropriation Act , 1880.

Ch. 13

CLA88 II.

Treasury, including Parliamentary Counsel -
Foreign Office -

Charity Commissioners, including Endowed Schools Department

Civil Service Commission - • -

Local Government Board, England -

National Debt Office -

Stationery and Printing -

Lunacy Commission, Scotland -

Lord Lieutenant’s Household -

Local Government Board. Ireland -

Public Works Offices, Ireland -

1,250

2,400

2,921

1,085

16,763

600

36,000

180

2,700

2,000

CLA88 III.

Law Charges, England -

Public Prosecutor’s Office -

Criminal Prosecutions, Sheriffs’ Expenses, &c.

Queen’8 Bench, &c. Divisions, Hign Court of Justice, England
County Courts ------

Police, Counties and Boroughs, Great Britain

Prisons, England -

County Prisons, &c.. Great Britain -

Reformatory and Industrial Schools, Great Britain -

Queen’s Bench, &c. Divisions of the High Court of Justice, Ireland

Probate, &c. Registries, High Court of Justice, Ireland

Registry of Deeds, Ireland - - - - -

County Court Officers, &c., Ireland -

Royal Irish Constabulary -

Class IV.

National Portrait Gallery
London University
Public Education, Ireland
Teachers* Pension Office, Ireland

Diplomatic Services -
Consular Services
Colonies, Grants in Aid
Tonnage Bounties, &c.

Subsidies to Telegraph Companies
’Treasury Chest Robbery

Class V.

Class VI.

Superannuation and Retired Allowances
Relief of Distressed British Seamen Abroad -
Pauper Lunatics, Ireland ...

Class VII.

Temporary Commissions -

Repayments to the Civil Contingencies Fund -

18,761

965

5,000

9,800

25,206

1.300
216,245

267

435

342

125

156

7.300

7,000

203

8,800

810

35,170

2,000

8,704

4,450

10,425

136

13,000

3,000

2,716

9,110

9,869

REVENUE DEPARTMENTS.

Customs -

Post Office Packet Service -

Total -

4,300

7,400

£556,867

Digitized by LjOOQle

Ch. 13.

Appropriation Act, 1880.

43 Vtct.

SCHEDULE (B.)— Part 3.

Exchequer Bonds.

To pay off and discharge Exchequer Bonds which became due and payable daring £
the year ending on the 31 st day of March 1880 - - - - 3.410,000

SCHEDULE (B.)— Part 4.

Charges defrayed by the War Office on account of India.

For the repayment to the War Office, during the year ending on the 31st day of £ s. d.
March 1880, of Charges which it has defrayed on behalf of the India Office - 15,050 3 3

SCHEDULE (B.)— Part 5.

Abyssinian Expedition.

Towards defraying the Expenses which will come in course of payment during the year £
ending on the 31st day of March 1880, for the Abyssinian Expedition of 1867-68 - 985 - -

SCHEDULE (B.)— Part 6.

War in South Africa, Vote of Credit.

(a.) Towards defraying the Expenses, beyond the ordinary grants of Parliament, which
will come in course of payment during the year ending on the 31st day of March
1880, in consequence of the War in South Africa -
(b.) Towards defraying the charge which wil 1 come in course of payment during the
year ending on the 31st day of March 1880, in aid of Expenditure incurred by the
Colonial Government of Griqualand West in suppressing a Native Rebellion
(c ) Towards defraying the Expenses, beyond the ordinary grants of Parliament, which
will come in course of payment during the year ending on the 31st day of March
1880, in connexion with the Expedition against the Chief Sikukuni, and for the
occupation of the Transvaal --------

SCHEDULE (B.)— Part 7.

NAVY.

Schedule of Sums granted to defray the charges of the Navy Services herein particularly
mentioned, which will come in course of payment during the year ending on the 31st
day of March 1881 ; viz.:—

703,000

222,200

300,000

No. ,

1. For wages, &c. to 58,800 seamen and marines -

2. For victuals and clothing for seamen and marines

3. For the expenses of the Admiralty Office -

4. For the expense of the coast guard service, the royal naval

reserve, and seamen and marine pensioners reserve, and royal
naval artillery volunteers -

5. For the expense of the several scientific departments of the navy

6. For the expense of the dockyards and naval yards at home and

abroad -------

7. For the expense of the victualling yards at home and abroad -

8. For the expense of the medical establishments at home and

abroad - - - -

9. For the expense of the Marine Divisions - - -

10. Sect. 1. For naval stores for the building, repairing, and out¬
fitting the fleet and coast guard - - - -

10. Sect. 11. For steam machinery, and ships built by contract, &c.

Sums not exceeding

On account -
On account -
On account -

680,384

253,381

44,871

On account -
On account -

48,569

28,276

On account -
On account -

335,896

17,790

On account -
On account -

15,861

5,350

On account -
On account -

252,750

192,250

Digitized by LaOOQle

1880.

Appropriation Act, 1880.

Ch. 13.

Sums not exceeding.

No.

11. For new works, buildings, machinery, and repairs in the naval

establishments ......

12. For medicines, medical stores, &c. -

13. For martial law, &c. ......

14. For the expense of various miscellaneous services

15. For half pay, reserved half pay, and retired pay to officers of

the navy and marines ------

' 16. Sect. 1. For military pensions and allowances -
,16. Sect. 11. For civil pensions and allowances -
17. For freight of ships, for the victualling and conveyance of
troops, on account of the army department - -

Total Navy Services - £

On account -

139,737

On account -

18,787

On account -

2,312

On account -

33,940

On account -

223,789

On account -

205,804

On account -

80,607

On account -

42,875

2,623,229

SCHEDULE (B.)~ Part 8.

ARMY.

Schedule of Sums granted to defray the charges of the Army Services herein particularly
mentioned, which will come in course of payment during the year ending on the 31st
day of March 1881; viz.:—

No,

1 .

2 .

6 .

8 .

10 .

11 .

12 .

13.

14.

15.

16.

17.

18.
19.

20 .

21 .

22 .

23.

24.

25.

For the general staff and regimental pay, allowances, and charges of Her Majesty’s
land forces at home and abroad, exclusive of charges on India
For divine service --------

For administration of military law -

For medical establishments and services - - - - -

For the pay and allowances of a force of militia, not exceeding 134,028 men, in¬
cluding 30,000 militia reserve ------

For the yeomanry cavalry pay and allowances -

For the volunteer corps pay and allowances - - - -

For the pay and allowances of a number of army reserve first class, not exceeding
23,000, and of the army reserve second class - - -

For commissariat and ordnance store establishments, wages, &c. -
For provisions, forage, fuel, transport and other services -
For clothing establishments, services, and supplies -
For the supply, manufacture, and repair of warlike and other stores
For superintending establishment of, and expenditure for, works, buildings, and
repairs at home and abroad ------

For establishments for military education - - - - -

For miscellaneous effective services -

For the administration of the army - - - -

For rewards for distinguished services, &c., exclusive of charges on India
For pay of general officers, exclusive of charges on India
For retired full pay, retired pay, half pay, pensions, and gratuities, for reduced
and retired officers, including payments allowed by Army Purchase Commis¬
sioners, exclusive of charges on India - -

For widows pensions, &c., exclusive of charges on India -
For pensions for wounds -------

For Chelsea and Kilmainham hospitals, and the in-pensioners thereof
For the out-pensioners of Chelsea Hospital, &c., exclusive of charges on India
For superannuation allowances ------

For the non-effective services of the militia, yeomanry cavalry, and volunteer corps

[tbi law reports.]

Total Army Services -

Sums not
exceeding

4,579,000

50,700

29,800

308,400

552.900

74.400
539,600

208,800
386,700
2,790,000
825,100
1,185,000

853,000

162,200

36.400

215.900
33,900
92,000

892,700

126,200

16,500

34.300
1,312,000

196,500

39.300

15,541,300

Digitized by LjOOQle

Ch. 13.

Appropriation Act , 1880.

43 ViCL

SCHEDULE (B.)— Part 9.

Army (Indian Home Charges).

For the sum to be transferred in aid of Army Grants to meet the charge incurred in j
recruiting and training officers and men, and in defraying the non-effective expen- I
diture for the regular forces serving in India, which will come in course of payment j
during the year ending on the 31st day of March 1881 - - - £ 1,100,000

SCHEDULE (B.)— Part 10.

CIVIL SERVICES.— Class L

Schedule of Sums granted to defray the charges of the several Civil Services herein
particularly mentioned, which will come in course of payment during the year ending
on the 31st day of March 1881; vi z .:—

No.

2 .

5 .

10 .

11 .

12 .

13.

14.

15.

16.

17.

18.

For the maintenance and repair of the royal palaces
For the maintenance and repair of Marlborough House -
For the royal parks and pleasure gardens -
For the buildings of the Houses of Parliament -
For the maintenance and repair of public buildings in Great
Britain and the Isle of Man; for providing the necessary supply
of water; for rents of houses hired for accommodation of
public departments, and charges attendant thereon, &c.

For the supply and repair of furniture in the public departments
of Great Britain ------

For the expenses of the Customs, Inland Revenue, Post Office,
and Post Office Telegraph Buildings, in Great Britain, including
furniture, fuel, and sundry miscellaneous services
For new buildings for county courts, maintenance and repair of
courts, supply of furniture, fuel, &c., and other charges attendant
thereon --------

For charges connected with Metropolitan Police Court Buildings -
For one naif of the expense of erecting or improving court houses
or offices for the sheriff courts in Scotland, and the expense
of maintaining the courts erected or improved
For the purchase of a site, erection of building, and other expenses
for new courts of justice and offices belonging thereto -
For the survey of the United Kingdom, including the revision of
the survey of Ireland, maps for use in proceedings before the
Land Judges in Ireland, publication of maps, and engraving
the geological survey ------

For erecting and maintaining new buildings, including rente, &c.,
for the Department of Science and Art -

For maintenance and repair of the British Museum buildings,
for rents of premises, supply of water, fuel, &c., and charges
attendant thereon -

For the erection of a Natural History Museum -
For a grant in aid of the new buildings for the University of
Edinburgh -------

For maintaining certain harbours, &c. under the Board of Trade -
For rates and contributions in lieu of rates in respect of Govern*
ment property, and for salaries and expenses of the rating of
* Government property department - - -

Sams not exceeding

j£

On account -

9,500

On account -

600

On account -

28,200

On account -

9,000

On account -

29,200

On account -

4,100

On account -

46,000

On account -

12,700

On account -

7,000

On account -

2,100

On account -

28,000

On account -

33,400

On account -

5,100

On account -

1,200

On account -

7,500

On account -

5,000

On account -

65,000

Digitized by LaOOQle

1880.

Appropriation Act, 1880.

Ch. 13.

Sums not exceeding

No.

19. For contribution to the funds for the establishment and mainte¬

nance of a fire brigade in the metropolis ...

20. For erection, repairs, and maintenance of the several public

buildings under the department of the Commissioners of
^ Public Works in Ireland - -

21. For expenses preparatory to the erection of the Museum of Science

ana Art in Dublin -

22. For works to regulate the flood waters of the River Shannon

23. For erecting and maintaining certain lighthouses abroad -

24. For diplomatic and consular buildings, including rents and

furniture, and for the maintenance of certain cemeteries abroad

Total Civil Services, Class I. - £

On aocount -

2,500

On account -

37,200

On account -

300

On account -

5,000

On account -

2,800

On account -

5,500

346,900

SCHEDULE (B.)— Part 11.

CIVIL SERVICES.— Class II.

Sums not exceeding

No.

1. For salaries and expenses in the offices of the House of Lords

2. For salaries and expenses in the offices of the House of Commons

3. For salaries and expenses of the department of Her Majesty’s

Treasury and in tne office of the Parliamentary Counsel

4. For salaries and expenses of the office of Her Majesty’s Secretary

of State for the Home Department and subordinate offices

5. For salaries and expenses of the department of Her Majesty’s

Secretary of State for Foreign Affairs - - -

6. For salaries and expenses of the department of Her Majesty’s

Secretary of State for the Colonies, including certain expenses
connected with Emigration - - - -

7. For salaries and expenses of the department of Her Majesty’s

Most Honourable Privy Council and subordinate departments -

8. For salaries and expenses of the office of the Lord Privy Seal

9. For salaries and expenses of the office of the Committee of Privy

Council for Trade, and subordinate departments

10. For salaries and expenses of the Charity Commission for England

and Wales - - - - -

11. For salaries and expenses of the Civil Service Commission

12. For salaries and expenses of the office of the Copyhold, Inclosure,

and Tithe Commission ------

13. For imprest expenses under the Inclosure and Drainage Acts

14. For salaries and expenses of the department of the Comptroller

and Auditor General, including the Chancery Audit Branch -

15. For salaries and expenses of the Registry of Friendly Societies

16. For salaries and expenses of the Local Government Board, includ¬

ing various grants in aid of local taxation -

17. For salaries and expenses of the office of the Commissioners in

Lunacy in England ------

18. For salaries and expenses of the Mint, including the expenses of

the coinage -------

C 2

On account

11,000

On account

12,600

On account

15,100

On account

22,500

On account

18,100

On account

9,500

On account

8,000

On account

700

On account

42,200

On account

8,100

On account

7,100

On account

4,300

On account

2,100

On account

14,000

On account

1,600

On account

86,200

On account

3,800

On account

16,600

Digitized by Google

Ch. 13.

Appropriation Act, 1880.

43 Tier.

Sums not exceeding

No.

19. Fop salaries and expenses of the National Debt Office

20. For charges connected with the Patent Law Amendment Act, the

Registration of Trade Marks Act, and the Registration of
Designs Act -------

21. For salaries and expenses of the department of Her Majesty’s

Paymaster General in London and Dublin ...

22. For salaries and expenses of the establishments under the Public

Works Loan Commissioners, and the West India Islands Relief
Commissioners -------

23. For salaries and expenses of the Public Record Office in England

24. For salaries and expenses of the department of the Registrar

General of Births, &c. in England -

25. For stationery, printing, and paper, binding, and printed books,

for the several departments of Government in England, Scot¬
land, and Ireland, and some dependencies, and for the two
Houses of Parliament; for the salaries and expenses of the
Establishment of the Stationery Office, and the cost of Sta¬
tionery Office publications, ana of the Gazette Offices; and
for sundry miscellaneous services, including a grant in aid of
the publication of Parliamentary Debates -

26. For salaries and expenses of the office of Woods, Forests, and

Land Revenues, and of the office of Land Revenue Records and
Inrolments -------

27. For salaries and expenses of the office of the Commissioners of

Her Majesty’s Works and Public Buildings -

28. For Her Majesty’s foreign and other secret services

29. For salaries and expenses of the department of the Queen’s

and Lord Treasurer’s Remembrancer in Exchequer, Scotland,
of certain officers in Scotland, and other charges formerly on
the hereditary revenue -

30. For salaries and expenses of the Fishery Board in Scotland, and

for grants in aid of piers or quays -

31. For salaries and expenses of the Board of Lunacy in Scotland

32. For salaries and expenses of the department of the Registrar

General of Births, &c. in Scotland -

33. For salaries and expenses of the Board of Supervision for Relief

of the Poor, and for expenses under the Public Health and Vac¬
cination Acts, including certain grants in aid of local taxation
in Scotland -------

34. For salaries of the officers and attendants of the household of the

Lord Lieutenant of Ireland and other expenses

35. For salaries and expenses of the offices of the Chief Secretary

to the Lord Lieutenant of Ireland, in Dublin and London, and
subordinate departments -

36. For salaries and expenses of the office of the Commissioners of

Charitable Donations and Bequests for Ireland

37. For salaries and expenses of the Local Government Board, in

Ireland, including various grants in aid of local taxation

38. For salaries and expenses of the office of Public Works in Ireland

39. For salaries and expenses of the Public Record Office, and of the

Keeper of the State Papers in Ireland -
•40. For salaries and expenses of the department of the Registrar
General of Births, &c., and for expenses of the collection of
agricultural and emigration statistics in Ireland
41. For salaries and expenses of the general valuation and boundary
survey of Ireland ------

On account -

On account -
On account -

On account -
On account •

On account -

On account -
On account -

On account -

On account -
On account -

On account -

On account -
On account -

On account -

On account -
On account -

On account -

On account -
On account -

4.400

7,000

6.400

2,600

5,300

12,000

115,000

6,000

10,300

5,800

1,700

3.500

1.500

1,900

4,700

1,900

9,600

550

32,800

7,700

1,500

4,100

5,700

Total Civil Services, Class II. - - £

535,450

Digitized by LjOOQle

1S80.

Appropriation Act , 1880.

Ch. 13.

SCHEDULE (B.)— Part 12.

CIVIL SERVICES. —Class III.

No.

1. For the salaries of the law officers, the salaries and expenses of the

department of the Solicitor for the affairs of Her Majesty's
Treasury, and of the department of the Queen's Proctor for
divorce interventions, the costs of prosecutions, including those
relating to the coin and to bankruptcy, and of other legal pro¬
ceedings conducted by those departments, and various other
legal expenses, including Statute Law Revision and Parlia¬
mentary Agency - - - - -

2. For the salaries and expenses of the office of the Director of Public

Prosecutions -------

3. For criminal prosecutions at assizes and quarter sessions in Eng¬

land, including adjudications under the Criminal Justice and
the Juvenile Offenders Acts, sheriffs expenses, salaries to clerks
of assize and other officers, and for compensation to clerks
of the peace and others, and for expenses incurred under
Extradition Treaties ------

4. For such of the salaries and expenses of the Chancery Division of

the High Court of Justice, of the Court of Appeal, and of the
Supreme Court of Judicature, exclusive of the Central Office,
as are not charged on the Consolidated Fund - - -

5. For the salaries and expenses of the Central Office of the Supreme

Court of Judicature, the salaries and expenses of the Judges*
Clerks and other officers, of the District Registrars of the High
Court, the remuneration of the Judges' Marshals, and certain
circuit expenses - - -

6. For salaries and expenses of the Registries of Probate and Divorce

and Matrimonial Causes, &c., in the Probate, Divorce, and
Admiralty Division of the High Court of Justice

7. For salaries and expenses of the offices of the Admiralty Registrar

and Marshal of the Probate, Divorce, and Admiralty Division
of the High Court of Justice -

8. For salaries and expenses of the office of the Wreck Commissioner

9. For salaries and expenses of the London Bankruptcy Court

10. For salaries and expenses connected with the County Courts

11. For salaries and expenses of the Office of Land Registry -

12. For the expense of revising barristers in England - - -

13. For salaries and expenses of the police courts of London and

Sheerness -------

14. For contribution toward the expenses of the metropolitan police,

and of the horse patrol, and Thames police, and for the salaries
of the Commissioner, Assistant Commissioners, and Receiver -

15. For certain expenses connected with the police in counties and

boroughs in England and Wales, and with the police in Scotland

16. For the superintendence of convict establishments and for the

maintenance of convicts in convict establishments in England
and the Colonies ------

17. For the salaries and expenses of the Commissioners and other

officers appointed under the 6th and 7th sections of the Prison
Act, 187/, and the expenses of the several prisons in England
and Wales to which that Act applies -

Sums not exceeding

On account - 18,200

On account - 1,100

On account - 50,100

On account - 41,000

On account - 25,700'

On account - 23,300

On account - 3,000

On account - 3,400

On account - 9,200

On account - 114,100

On account - 1,400

On account - 3,400

On account - 150,000

On account - 800*

On account - 109,200

On account - 119,600

Digitized by Google

Ch. 13.

Appropriation Act, 1880.

43 Vice.

No.

18. For the maintenance of juvenile offenders in reformatory, indus¬

trial, and day industrial schools in Great Britain, and for the
salaries and expenses of the Inspectors of Reformatories

19. For the maintenance of criminal lunatics in Broadmoor Criminal

Lunatic Asylum, England, and of one criminal lunatic in
Bethlem Hospital ------

20. For salaries ana expenses of the Lord Advocate's department

and others connected with criminal proceedings in Sootland,
including certain allowances under the Act 15 & 16 Viet. c. 83.

21. For salaries and expenses of the Courts of Law and Justice in

Scotland and other legal charges -

22. For salaries and expenses of the offices in Her Majesty's General

23. For the expenses of the Prison Commissioners for Scotland, and

of the prisons under their control, including the maintenance
of criminal lunatics and the preparation of judicial statistics

24. For the expense of criminal prosecutions and other law charges

in Ireland, including certain allowances under the Act 15 & 16
Viet. c. 83.

25. For salaries and expenses of the Chancery Division (excluding

the Land Judges' offices) of the High Court of Justice and of
the Court of Appeal in Ireland -

26. For salaries and expenses of the Queen’s Bench, Common Pleas,

and Exchequer Divisions of Her Majesty's High Court of
Justice in Ireland, including provision for certain officers of
the Supreme Court of Judicature in Ireland, and for the trial of
election petitions -

27. For the salaries and expenses of the Land Judges' offices in the

Chancery Division of Her Majesty’s High Court of Justice in
Ireland

28. For the salaries and expenses of the Principal and District Regis¬

tries of the Probate and Matrimonial Division of Her Majesty’s
High Court of Justice in Ireland, including certain officers of
the court -------

29. For salaries and incidental expenses of the Court of Bankruptcy

in Ireland -------

30. For salaries and expenses of the Admiralty Court Registry in

Ireland --------

31. For salaries and expenses of the Office for the Registration of Deeds

in Ireland .......

32. For salaries and expenses in the Office for the Registration of

Judgments in Ireland ------

33. For the salaries, allowances, and expenses of various county

court officers, and of magistrates in Ireland, and of the revising
barristers of the city of Dublin -

34. For salaries and expenses of the Commissioners of Police, of the

police courts and of the metropolitan police establishment of
Dublin - -------

35. For the expenses of the constabulary force in Ireland

36. For the expense of the superintendence of prisons, and of the

maintenance of prisoners in prisons in Ireland, and of the
registration of habitual criminals ....

37. For the expenses of reformatories and industrial schools in Ireland

38. For the maintenance of criminal lunatics in Dundrum Criminal

Lunatic Asylum, Ireland -

Total Civil Services, Class III. - £

Sums not exceeding

On account -

66,000

On account -

6,500

On account -

16,700

On account -

15,500

On account -

9,100

On account -

20,400

On account -

21,700

On account -

9,600

On account -

7.100

On account -

2,900

On account -

2,900

On account -

2,600

On account -

450

On account -

5,000

On account -

750

On account -

20,600

On account -

34,600

On account -

380,000

On account -

36,500

On account -

22,800

On account -

1,700

1,356,900

Digitized by

Google

Appropriation Act, 1880.

Ch. 13.

SCHEDULE (B.)— Part 13.

CIVIL SERVICES.— Class IV.

Sums not exceeding

. For public education in England and Wales, including the ex¬
penses of the Education Office in London -
For salaries and expenses of the Department of Science and Art,
and of the establishments connected therewith -
, For salaries and expenses of the British Museum, including the
amount required for furniture, fittings, &c. -

. For salaries and expenses of the National Gallery
. For salaries and expenses of the National Portrait Gallery
. For grants in aid of the expenditure of certain learned societies
in Great Britain and Ireland -
. For salaries and expenses of the University of London -
. For preparing an account of the scientific results of the expedition
of Her Majesty’s ship “ Challenger” in 1873, 1874, 1875, and
1876, to investigate the physical and biological conditions of
the great ocean basins, and of arranging the collections made
during the expedition ------

, For the salaries and expenses of the Royal Commission appointed
in connexion with the International Exhibitions at Sydney and
Melbourne -------

, For public education in Scotland -
For grants to Scottish universities -

For the annuity to the Board of Trustees of manufactures in
Scotland, in discharge of equivalents under the Treaty of Union,
to be applied in maintenance of the National Gallery, School of
Art and Museum of Antiquities, Scotland, and for the exhi¬
bition of the Torrie Collection of Works of Art, and for other
purposes - - - - - -

For public education under the Commissioners of National Edu¬
cation in Ireland - - -

For the salaries and expenses of the National School Teachers’
Superannuation Office, Dublin - - - -

For the salary and expenses of the Office of the Commissioners
of Education in Ireland appointed for the regulation of endowed
schools -------

For salaries and expenses of the National Gallery of Ireland, and
for the purchase of pictures -
For expenses of the Queen’s University in Ireland
In aid of the expenses of the Queen’s Colleges in Ireland
In aid of the expenses of the Royal Irish Academy, &c. -

Total Civil Services, Class IV. - £

On account

970,000

On account - 110,000

On account - 50,000

On account - 4,400

On account - 600

On account - 8,000

On account - 2,800

On account

On account
On account
On account

2,000

220,000

4,700

On account - 600

On account - 315,000

On account - 500

On account -

On account -
On account -
On account -
On account -

1,696,000

SCHEDULE (B.)— Part 14.

CIVIL SERVICES.— Class V.

Sums not exceeding

1. For expenses of Her Majesty’s embassies and missions abroad - On account

2. For consular establishments abroad, and for other expenditure

chargeable on the Consular Vote- - - - On account

Digitized by t^ooQle

Ch. 13.

Appropriation Act, 1880.

43 Vict.

Sums not exceeding

No.

3. In aid of colonial local revenue, and for the salaries and allow¬

ances of governors, &c., and for other expenses in certain
colonies - - - - -

4. For certain non-effective charges connected with the Orange River

Territory and the island of St. Helena -

5. For salaries and expenses of the three representatives of Her Ma¬

jesty’s Government on the Council of Administration of the
Suez Canal Company ------

6. For expenses of the mixed commissions established under the

treaties with foreign powers for suppressing the traffic in slaves,
and of other establishments in connexion with that object, in¬
cluding the Muscat subsidy -

7. For tonnage bounties, bounties on slaves, costs of captors, &c.,

and expenses of the Liberated African Department

8. For defraying the additional expenditure entailed upon the Govern¬

ment of Cyprus by the augmentation of the police force, rendered
necessary by the reduction of the military garrison of the island

9. For subsidies to telegraph companies -

On account -

9,000

On account -

600

On account -

450

On account -

1,800

On account -

3,000

On account -
On account -

6,500

17,500

Total Civil Services, Class V. - £

159,350

SCHEDULE (B.)— Part 15.

CIVIL SERVICES.— Class VI.

No.

1. For superannuation and retired allowances to persons formerly

employed in the public service, and for compassionate or other
special allowances and gratuities awarded by the Commissioners
of Her Majesty’s Treasury -

2. For pensions to masters and seamen of the merchant service, and

to their widows and children -

3. For the relief of distressed British seamen abroad

4. In aid of the local cost of maintenance of pauper lunatics in

England and Wales ------

5. In aid of the local cost of maintenance of pauper lunatics in

Scotland -------

6. In aid of the local cost of maintenance of pauper lunatics in

Ireland -------

7. For the support of certain hospitals and infirmaries in Ireland -

8. For making good the deficiency arising from payments for interest

to savings banks and friendly societies- - - -

9. For miscellaneous, charitable, and other allowances in Great

Britain- .......

10. For certain miscellaneous, charitable, and other allowances in
Ireland- -

Sums not exceeding
£

On account - 200,000

On account - 7,100

On account - 8,100

On account - 60,500

On account - 4,300

On account - 1,000

On account - 1,100

Total Civil Services, Class VI. - £

282,100

Digitized by LjOOQle

1880.

Appropriation Act, 1880.

Ch. 13, 14.

SCHEDULE (B.)— Part 16.

CIVIL SERVICES.— Class VII.

| Sums not exceeding
No.

1. For salaries and incidental expenses of temporary commissions

and committees, including special inquiries ...

2. For certain miscellaneous expenses -

Total Civil Services, Class VII. - £ J 15,700

SCHEDULE (B.)— Part 17.

REVENUE DEPARTMENTS, &c.

Schedule of Sums granted to defray the charges of the several Revenue Departments,
&c. herein particularly mentioned, which will come in course of payment during the
year ending on the 31st day of March 1881 ; viz. :—

Sums not exceeding

No. £

1. For salaries and expenses of the Customs Department - - 1 On account - 110,000

2. For salaries and expenses of the Inland Revenue Department - On account - 200,000

3. For salaries and expenses of the Post Office services, the expenses j

of Post Office savings banks, and Government annuities and

insurances, and the collection of the Post Office revenue - ! On account - 410,000

4. For the Post Office packet service - - - - I On account - 200,000

5. For salaries and expenses of the Post Office telegraph service - ! On account - 350,000

Total Revenue Departments - £ 1,2/0,000

SCHEDULE (B.)— Part 18.

Greenwich Hospital and School.

Advances during the year ending on the 31 st day of March 1881 I
for defraying the expenses of Greenwich Hospital and School - On account - 36,548

CHAPTER 14.

An Act to grant certain Duties of Customs and Inland
Revenue, to alter other Duties, and to amend the Laws
relating to Inland Revenue. [24th March 1880.]

Most Gracious Sovereign,

E, Your Majesty’s most dutiful and loyal subjects, the Commons
of the United Kingdom of Great Britain and Ireland, in
Parliament assembled, towards raising the necessary supplies to
defray Your Majesty’s public expenses, and making an addition to
the public revenue, have freely and voluntarily resolved to give and
grant unto Your Majesty the several duties herein-after mentioned,

On account - 14,000
On account - 1,700

Digitized by t^ooQle

Short title.

Import duties
on tea.

Foreign spirits
may be bottled
in warehouse
for home con¬
sumption.

Grant of duties
of income tax.

16 & 17 Viet,
c. 34.

Provisions of
Income Tax
Acts to apply

Ch. 14. Customs and Inland Revenue Ad, 1880. 43 Vict.

and do therefore most humbly beseech Your Majesty that it may be
enacted ; and be it enacted by the Queen’s most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:

1. This Act may be cited as the Customs and Inland Revenue
Act, 1880.

Part L
Customs .

2. The duties of customs now chargeable upon tea shall continue
to be levied and charged on and after the first day of August one
thousand eight hundred and eighty until the first day of August
one thousand eight hundred and eighty-one on the importation
thereof into Great Britain or Ireland ; (that is to say,)

Tea, the pound - Sixpence.

3. Foreign spirits bottled, in accordance with the regulations of
the Commissioners of Customs or Inland Revenue, in any customs
or excise warehouse in imperial or reputed quart or pint bottles, and
packed in cases containing one or more dozen of such quart bottles
or two or more dozen of such pint bottles, may be entered and
cleared for home consumption; and there shall be charged upon the
delivery for home consumption of such spirits so bottled, in addition
to the duties of customs and any other charges thereon, the rate
following ; (that is to say,)

For every one dozen imperial or reputed quart bottles, or two
dozen imperial or reputed pint bottles, of such spirits

Threepence.

And such rate shall be deemed a duty of customs or excise according
as the same is payable in respect of spirits delivered from a customs
or excise warehouse.

Part II.

Taxes.

4. There shall be charged, collected, and paid for the year com¬
mencing on the sixth day of April one thousand eight hundred and
eighty, in respect of all property, profits, and gains mentioned or
described as chargeable in the Act of the sixteenth and seventeenth
years of Her Majesty’s reign, chapter thirty-four, the following duties
of income tax; (that is to say,)

For every twenty shillings of the annual value or amount of
property, profits, and gains chargeable under Schedules (A.),
(C.), (D.), or (E.) of the said Act, the duty of fivepence;

And for every twenty shillings of the annual value of the occupa¬
tion of lands, tenements, hereditaments, and heritages chargeable
under Schedule (B.) of the said Act,—

In England, the duty of twopence halfpenny;

In Scotland and Ireland respectively, the duty of one
penny three farthings.

5. All such provisions contained in any Act relating to income
tax as are now in force shall have full force and effect with respect
to the duties of income tax granted by this Act, so far as the same

Digitized by LjOOQle

1880.

Customs and Inland Revenue Act, 1880. Ch. 14.

shall be consistent with the provisions of this Act; and for the to duties
purposes of this Act the year one thousand eight hundred and sixty- hereb y granted,
two mentioned in the forty-third section of the Act of the twenty- 25 & 26 Viet
fifth and twenty-sixth years of Her Majesty’s reign, chapter twenty- «• aa *
two, shall be read as and deemed to mean the year one thousand
eight hundred and eighty.

6. In order to ensure the collection in due time of any duties of Provisions of
income tax which may be granted for the year commencing on the Income Tax
sixth day of April one thousand eight hundred and eighty-one, all toTutitsTobe
such provisions contained in any Act relating to the duties of granted for
income tax as are in force on the fifth day of April one thousand 8UCCeedin 8
eight hundred and eighty-one shall have full force and effect with year *
respect to the duties of income tax which may be so granted in the
same manner as if the said duties had been actually granted, and
the said provisions had been applied thereto, by an Act of Parliament
passed on that day: Provided that nothing in this section shall be
deemed to render necessary or authorise the appointment of assessors
for such of the said duties as may be payable under Schedules (A.)
and (B.) of the said Act of the sixteenth and seventeenth years of 16 & 17 Viet.
Her Majesty’s reign, chapter thirty-four. c. 34.

7 * "With respect to the assessment of the duties of income tax -Assessment of
hereby granted under Schedules (A.) and (B.) in respect of property income *“
elsewhere than in the metropolis as defined by the Valuation d*T(AUnd
(Metropolis) Act, 1869, and of the duties on inhabited houses else- (B.), and of
where than in the said metropolis, for the year commencing, as the inhabi . ted
respects England, on the sixth day of April, and as respects Scotland,
on the twenty-fifth day of May, one thousand eight hundred and 1880 -si.
eighty, the following provisions shall have effect: 32 & 33 Viet

(1.) The inspectors or surveyors of taxes shall be the assessors for C ‘ 67 ‘
the said duties, and in lieu of the poundage by law granted
to be divided between the assessors and collectors in
regard to such duties there shall be paid a poundage of
three halfpence to the collectors thereof: 0

(2.) The sum charged as the annual value of any property in the
assessment of income tax thereon for the year which
commenced on the sixth day of April one thousand eight
hundred and seventy-nine, and the sum charged as the
annual value of every inhabited house in the assessment
made thereon for the same year as respects England, and
as respects Scotland for the year which commenced on the
twenty-fifth day of May one thousand eight hundred and
seventy-nine, shall be taken as the annual value of such
property or of such inhabited house for the assessment
and charge thereon of the duties of income tax hereby
granted, or of the duties on inhabited houses, to all intents
and purposes as if such sum had been estimated to be the
annual value in conformity with the provisions in that
behalf contained in the Acts relating to income tax and the
duties on inhabited houses respectively:

(3.) The Commissioners executing the said Acts shall, for each
place within their district, cause duplicates of the assess¬
ments to be made out and delivered to the collectors,
together with the warrants for collecting the same. *

Digitized by t^ooQle

44 Ch. 14. Cu8torri8 and Inland Revenue Act, 1880. 43 Tier.

Exemption
from income
tax repealed
in case of cer¬
tain industrial
and provident
societies.

39 8c 40 Viet
c. 45.

8 . Notwithstanding the provision contained in sub-section four
of section eleven of the Industrial and Provident Societies Act, 1876,
a society registered under that Act shall be chargeable to the duties
of income tax under Schedule C. and Schedule D. in case the
society sells to persons who are not members thereof, and the number
of the shares of the society is limited either by its rules or practice.

Pabt III.

Stamps.

Grant of duties
on probates
and letters of
administration.

Account to
accompany
affidavit on
application for
probate or
letters of admi¬
nistration.

55 G. 3. c. 184.

20 & 21 Viet,
c. 77.

56 G. 3. c. 56.

9 . On and after the first day of April one thousand eight hundred
and eighty, in lieu of the stamp duties now payable upon probates
of wills and letters of administration in England and Ireland, and
upon inventories to be exhibited and recorded in any Commissary
Court in Scotland, there shall be charged and paid the duties specified
in the Schedule to this Act: Provided, that an additional inventory
to be so exhibited or recorded of any effects of a deceased person,
where a former duly stamped inventory of the estate and effects of
the same person has been exhibited and recorded prior to the first
day of April one thousand eight hundred and eighty, shall be
chargeable with the amount of stamp duty with which it would
have been chargeable if this Act had not been passed.

10 . —(1.) Together with the affidavit to be required and received
from the person applying for a probate or letters of administration
in England, in conformity with section thirty-eight of the Act passed
in the fifty-fifth year of the reign of King George the Third, chapter
one hundred and eighty-four, there shall be delivered an account of
the particulars of the personal estate for or in respect of which the
probate or letters of administration is or are to be granted, and of
the estimated value of such particulars.

(2.) The account so delivered shall be transmitted to the Com¬
missioners of Inland Revenue, together with the documents men¬
tioned in section ninety-three of the Act passed in the twentieth and
twenty-first years of Her Majesty’s reign, chapter seventy T seven.

(3.) A like account shall be annexed to the affidavit to be required
and received from the person applying for a probate or letters of
administration in Ireland, in conformity with section one hundred
and seventeen of the Act passed in the fifty-sixth year of the reign
of King George the Third, chapter fifty-six, and such account shall
be in lieu of, and in substitution for, the account annexed to the

form of affidavit set forth in Part III. of the Schedule to the said

Power to com¬
mute legacy
duty or suc¬
cession duty
presumptively
payable in
certain cases.

Act.

(4.) Every account to be delivered in pursuance of this section
shall be in accordance with such form as may be prescribed by the
Commissioners of Her Majesty’s Treasury.

11 . Where any legacy duty or succession duty shall be presump¬
tively payable in respect of any interest in expectancy upon the
determination of a life or other temporary interest in possession in
a legacy, or residue, or in personal property comprised in a succes¬
sion, and the duty (if any) payable upon the life or other temporary-
interest shall have been fully paid and satisfied, it shall be lawful for
the Commissioners of Inland Revenue, in their discretion, upon the
application of the executor or trustee or other person who would be

Digitized by LjOOQle

1880. Customs and Inland Revenue Act , 1880. Ch. 14. 45

accountable for the duty in respect of such interest in expectancy
if it were then in possession, to commute the duty presumptively,
payable for a certain sum to be presently paid.

For assessing the amount which shall be so payable the Commis¬
sioners shall cause a present value to be set upon the presumptive
duty, regard being had to any contingencies affecting the liability
to such duty, and the interest of money involved in the calculation
being reckoned at the rate for the time being allowed by the Com¬
missioners in respect of duties paid in advance under the Succession 16 & 17 Viet.
Duty Act, 1853. c - 5U

Upon the receipt of the certain sum the Commissioners shall give
a discharge for the duty accordingly.

12 . When an executor, administrator, or trustee shall have given Discharge of
notice in writing to the Commissioners of Inland Revenue for any

claim to legacy duty or succession duty in respect of apy fund in duty on dUtri-
his hands which he intends to distribute, and shall have delivered button of fund,
to the Commissioners all particulars which they may require in order
to ascertain the existence and extent of any such claim, he shall be
at liberty to distribute the fund amongst the parties entitled thereto,
after satisfaction of any claims to duty made by the Commissioners,
and shall be entitled to receive from them a certificate discharging
him from his liability to any duty in respect of the fund.

Such certificate shall not in any way affect the liability of any
person other than the person in whose favour it is expressed to be
given.

13 . Where it appears upon an examination of the account ren- Relief from
dered to the Commissioners of Inland Revenue that the value of the legacy duty
whole of the personal estate of any person dying after the passing of personal estate
this Act does not amount to the sum of one hundred pounds, no is less than
legacy duty shall be charged in respect thereof or of any portion 100/ *
thereof.

SCHEDULE

Of Stamp Duties on Probates and Letters of Administration in England
or Ireland, and on Inventories in Scotland.

Where the estate and effects for or in respect of which a Probate or Letters of Admi¬
nistration shall be granted, or whereof an Inventory shall be exhibited and recorded,
exclusive of what the deceased shall have been possessed of or entitled to as a trustee
for any other person and not beneficially, shall be :—

Duty.

Above the value of

100 and under

200

Of the value of -

200

300

400

500

600

800

1,000

1,500

2,000

3,000

4,000

a •

4,000

5,000

113

Digitized by

Google

Ch. 14,15. Customs and Inland Revenue Act, 1880. 43 Yict.

-Dnty ; .

Of the value of -

5,000 and under

6,000

•

140

6,000

7,000

165

7,000

8,000

190

8,000

9,000

215

9,000

10,000

240

10,000

12,000

275

12,000

14,000

325

14,000

16,000

375

16,000

18,000

425

18,000

20,000

475

. 20,000

25,000

565

25,000

30,000

690

30,000

35,000

815

35,000

40,000

940

40,000

45,000

1,065

45,000

50,000

1,190

50,000

60,000

1,375

60,000

70,000

1,625

70,000

80,000

1,875

80,000

90,000

2,125

90,000

100,000

2,375

100,000

120,000

2,750

120,000

140,000

3,250

140,000

160,000

3,750

160,000

180,000

4,250

180,000

200,000

4,750

200,000

250,000

5,625

250,000

300,000

6,875

300,000

350,000

8,125

350,000

400,000

9,375

400,000

500,000

11,250

500,000 and upwards.

then in addition to the said duty of 11,2502., for every full sum of
100,0002. in excess of 500,0002., and also for any fractional part of
100,0002. so in excess ...... 2,500

Short title.

Power to
Treasury to
borrow
6 , 000 , 000 /.
on terminable
annuities.

CHAPTER 15.

An Act to authorise the Commissioners of Her Majesty’s
Treasury to borrow a sum on the security of Terminable
Annuities, and to increase the permanent Annual Charge
of the National Debt. [24th March 1880.]

1. This Act may be cited as the National Debt Act, 1880.

2. The Commissioners of Her Majesty’s Treasury may from time
to time during the financial year ending on the thirty-first day of
March one thousand eight hundred and eighty-one, borrow any sum
or sums, not exceeding in the whole six million pounds, by the
creation of terminable annuities for any term not exceeding five
years from the thirty-first day of March one thousand eight hundred
and eighty.

Digitized by eaOOQle

1880.

National Debt Act , 1880. Ch. 15,16

All money so borrowed shall be placed to the credit of the account
of Her Majesty’s Exchequer, and form part of the Consolidated
Fund.

The annuities so created shall be payable at such times in each
year as may be fixed by the Commissioners of Her Majesty’s Trea¬
sury, and shall be charged on the Consolidated Fund of the United
Kingdom and be paid out of the permanent annual charge for the
National Debt.

The annuities shall be created by warrant of the said Commis¬
sioners to the Governor and Company of the Bank of England,
directing them to inscribe in their books the amount of such
annuities in the names directed by the warrant.

3. For the period of five financial years, commencing on the first Increase of
day of April one thousand eight hundred and eighty, the permanent
annual charge for the National Debt shall be twenty-eight million annual charge
eight hundred thousand pounds, and during that period the Sinking of National
Fund Act, 1875, shall be construed as if “ twenty-eight million eight msoooooL
hundred thousand pounds ” were substituted in the first section of 38 & 89 Viet,
that Act for “ twenty-eight million pounds.” c. 45.

CHAPTER 16.

An Act to raise the sum of sixty thousand pounds by
Exchequer Bonds, Exchequer Bills, or Treasury Bills,
for the service of the year ending on the thirty-first day
of March one thousand eight hundred and eighty.

[24th March 1880.]

Most Gracious Sovereign,

W E, Your Majesty’s most dutiful and loyal subjects, the Commons
of the United Kingdom of Great Britain and Ireland, in
Parliament assembled, towards raising the supply which we have *
cheerfully granted to Your Majesty in this session of Parliament,
have resolved to grant unto Your Majesty the sum herein-after
mentioned; and do therefore most humbly beseech Your Majesty
that it may be enacted; and be it enacted by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:

1 . Towards raising the supply granted to Her Majesty for the Treasury
service of the year' ending on the thirty-first day of March one J^oooTby
thousand eight hundred and eighty, it shall be lawful for the Com- Exchequer
missioners of Her Majesty’s Treasury, at any time or times not later
than the said thirty-first day of March, to raise any sum or sums, or^Treasury
not exceeding in the whole sixty thousand pounds, by the issue of Bills.
Exchequer Bonds, Exchequer Bills, or Treasury Bills, in manner 99 ^ 30 Vict
provided by the Exchequer Bills and Bonds Act, 1866, and the *40 & 41 Vict
Treasury Bills Act, 1877, so, however, that no Exchequer Bond shall c. 2 .
be made out for any sum less than one hundred pounds.

Every Exchequer Bond issued in pursuance of this Act shall
provide for the paying off of such bond at par at any period not

Digitized by LjOOQle

Payment of
interest and
repayment of
principal.

Money to be
paid into
Exchequer.
Extension of
sect. 15 of
29 & 30 Viet,
c. 25. as to
forgery, &c.,
to bonds.

Short title.

Alternative
qualification
for member¬
ship of local
authority.

5&6W.4.
c. 76.

9 Geo. 4. c. 82.

Ch. 16,17. Exchequer Bills and Bonds Act , 1880. 43 Yict.

exceeding three years nor less than twelve months from the date of
such bond.

2. The interest on all Exchequer Bonds issued in pursuance of
this Act shall be charged upon and issued out of the Consolidated
Fund of the United Kingdom, or out of the growing produce thereof.

The principal money secured by every Exchequer Bond issued in
pursuance of this Act shall be repaid out of moneys provided by
Parliament for the purpose.

3. All money raised in pursuance of this Act shall be paid into
the Exchequer.

4. Section fifteen of the Exchequer Bills and Bonds Act, 1866,
(which section relates to the forgery of Exchequer Bills,) shall apply
to all Exchequer Bonds issued in pursuance of this Act in like
manner as if it were herein enacted with the substitution of
Exchequer Bond for Exchequer BilL

5. This Act may be cited as the Exchequer Bills and Bonds Act,
1880.

CHAPTER 17.

An Act to abolish the property qualification for members
of Municipal Corporations and Local Governing Bodies.

[24th March 1880.]

B E it enacted by the Queens most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows :

1 .— (1.) Subject as in this section mentioned, eveiy person shall
be qualified to be elected and to be a member of a local authority
who is at the time of election qualified to elect to any membership
of that authority.

(2.) For the purposes of this section the term “ local authority 99

means,—

(a.) The council of a borough under the Municipal Corporations
Act, 1835, or any Act amending the same :

(b .) In Ireland, the town council of any town corporate, commis¬
sioners appointed by virtue of an Act made in the ninth
year of King George the Fourth, intituled “An Act to
“ make provision for the lighting, cleansing, and watching
“ of cities and towns corporate, and market towns in
“ Ireland in certain cases,” and any municipal town or
township commissioners appointed under any general or
local Act.

(3.) The qualifications mentioned in this section shall be alterna¬
tives for and shall not repeal or take away any other qualification.

(4.) Nothing in this section shall qualify any person for any office
who is disqualified for the office by the existing law by reason of
office, contract, bankruptcy, or any other matter of disqualification
or disability.

(5.) If a person qualified under this section ceases for six months
to reside within the borough or district in which he has been elected

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1880.

Town Councils and Local Boards Act , 1880. Ch. 17, 18.

to an office, he shall cease to be qualified under this section and his
office shall become vacant, unless he was at the time of his election
and continues to be qualified in some other manner.

2. This Act may be cited as the Town Councils and Local Boards Short title.
Act, 1880.

3. This Act shall extend to Ireland but not to Scotland. Extent.

CHAPTER 18.

An Act to amend the Law relating to the Conveyance of
Voters to the Poll, and to continue the Acts relating to
the Prevention of Corrupt Practices at Parliamentary
Elections and the Acts relating to Election Petitions.

[24th March 1880.]

W HEREAS by section thirty-six of the Representation of the so & si Viet.

People Act, 1867, it is enacted that it shall not be lawful c - 102 -
for any candidate or any one on his behalf at any election for a
borough, except certain boroughs therein mentioned, to pay any
money on account of the conveyance of any voter to the poll, either
to the voter himself or to any other person, and that any such pay¬
ment shall be deemed to be an illegal payment, and it is expedient
to amend such enactment:

And whereas the Acts mentioned in the Schedule hereto expire
on the thirty-first day of December one thousand eight hundred and
eighty, and it is expedient to continue the same :

Be it therefore enacted by the Queen’s mo3t Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows :

L This Act may be cited as the Parliamentary Elections and Short title.
Corrupt Practices Act, 1880. •

2. The thirty-sixth section of the Representation of the People vk*.

Act, 1867, shall be repealed so far as concerns the conveyance of ment’ofMpSSS*
voters within any borough. I$™u^ ance

3. In all elections whatever of a member or members to serve in Amendment of
Parliament for any county, division of a county, or for any city or law as to par-
burgh, or district of burghs, in Scotland, no inquiry shall be per-
mitted at the time of polling as to the right of any person to vote, Scotland,
except only as follows; (that is to say,) that the presiding officer or
clerk appointed by the returning officer to attend at a polling station
shall, if required on behalf of any candidate, put to any voter at
the time of his tendering his vote, and not afterwards, the follow¬
ing questions, or either oi them :

1. Are you the same person whose name appears as A.B. on the
register of voters now in force for the county of
[or for the division of the county of ],

or for the city [or burgh] of , or for the

district of burghs [as the case may be] ?

2 . Have you already voted, either here or elsewhere, at this
election for the county of [or for

the division of the county of ],

or for the city [or burgh] of , or for the

district of buighs [as the case may be] ?

[the law reports.] D

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Ch. 18, 19. Parliamentary Elections <k Corrupt Practices. 43 Vict.

And if any person shall wilfully make a false answer to either of
85 & 36 Viet. *h e questions aforesaid, he shall be deemed guilty of a crime and
c. 33 . offence within the meaning of the Ballot Act, 1872.

Continuance 4. This Act and the Acte mentioned in the Schedule to this Act,
of Acts. so far as they are unrepealed, shall continue in force until the thirty-
first day of December one thousand eight hundred and eighty-one,
and any enactments amending or affecting the enactments continued
by this Act shall, in so far as they are temporary in their duration,
be continued in like manner.

SCHEDULE.

Acts referred to.

Session and Chapter.

Title.

17 & 18 Vict. c. 102.
21 & 22 Vict. c. 87.

26 & 27 Vict. c. 29.

31 & 32 Vict. c. 125.

32 & 33 Vict. c. 21.

34 & 35 Vict. c. 61.

42 & 43 Vict. c. 75.

The Corrupt Practices Prevention Act, 1854.

An Act to continue and amend the Corrupt Practices Pre¬
vention Act, 1854.

An Act to amend and continue the Law relating to Corrupt
Practices at Elections of Members of Parliament.

The Parliamentary Elections Act, 1868.

The Corrupt Practices Commission Expenses Act, 1869.
The Election Commissioners Expenses Act, 1871.

The Parliamentary Elections and Corrupt Practices Act,
1879.

Short title.

CoDBtraction
of Acts.

26 a 26 Viet. C. 80.,
30 a JJlVict. c.131.,
40 k 41 Vict. c. 26.,
42 & 43 Vict. c.76.

Accumulated
profits may be
returned to
shareholders
in reduction of
paid-up capital.

No resolution
to take effect
till particulars
have been re¬
gistered*

CHAPTER 19.

An Act to amend the Companies Acts of 1862, 1867,1877,
and 1879. [24th March 1880.]

1. This Act may be cited for all purposes as the Companies Act,
1880.

2. This Act shall, so far as is consistent with the tenor thereof, be
construed as one with the Companies Acte, 1862, 1867, 1877, and
1879, and the said Acte and this Act may be referred to as the
Companies Acte, 1862 to 1880.

3. When any Company has accumulated a sum of undivided
profits, which with the consent of the shareholders may be distri¬
buted among the shareholders in the form of a dividend or bonus,
it shall be lawful for the Company, by special resolution, to return
the same, or any part thereof, to the shareholders in reduction of
the paid-up capital of the Company, the unpaid capital being
thereby increased by a similar amount. The powers vested in the
directors of making calls upon the shareholders in respect of moneys
unpaid upon their shares shall extend to the amount of the unpaid
capital as augmented by such reduction.

4 . No such special resolution as aforesaid shall take effect until
a memorandum, showing the particulars required by law in the case
of a reduction of capital by order of the court, shall have been

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1 880. Companies Act , 1880. Ch. 19.

produced to and registered by the Registrar of Joint Stock Com¬
panies.

5. Upon any reduction of paid-up capital made in pursuance of Power to any
this Act, it shall be lawful for any shareholder, or for any one or

more of several joint shareholders, within one month after the mon J£ £fter
passing of the special resolution for such reduction, to require the passing of re-
Corapany to retain, and the Company shall retain accordingly, the sol . utl on t° re¬
whole of the moneys actually paid upon the shares held by such to^tain™ 1 ^
person, either alone or jointly with any other person or persons, moneys paid
and which, in consequence of such reduction, would otherwise be ^db^^ch
returned to him or them, and thereupon the shares in respect of person. U<M
which the said moneys shall be so retained shall, in regard to the
payment of dividends thereon, be deemed to be paid up to the same
extent only as the shares on which payment as aforesaid has been
accepted by the shareholders in reduction of their paid-up capital,
and the Company shall invest and keep invested the moneys so
retained in such securities authorised for investment by trustees as
the Company shall determine, and upon the money so invested, or
upon so much thereof as from time to time exceeds the amount of
calls subsequently made upon the shares in respect of which such
moneys shall have been retained, the Company shall pay such
interest as shall be received by them from time to time on such
securities, and the amount so retained and invested shall be held to
represent the future calls which may be made to replace the capital
so reduced on those shares, whether the amount obtained on sale of
the whole or such proportion thereof as represents the amount of any
call when made, produces more-or less than the amount of such call.

6 . From and after such reduction of capital the Company shall Company to
specify in the annual lists of members, to be made by them in specify
pursuance of the twenty-sixth section of the Companies Act, 1862, g^“hoidere Ch
the amounts which any of the shareholders of the Company shall have required
have required the Company to retain, and the Company shall have

retained accordingly, in pursuance of the fifth section of this Act, J^to^pecify
and the Company shall also specify in the statements of account amounts of
laid before any general meeting of the Company the amount of the ^^^ turned
undivided profits of the Company which shall have been returned holdewT
to the shareholders in reduction of the paid-up capital of the 25 & 26 Viet.
Company under this Act, c - 89 -

7. —(1.) Where the Registrar of Joint Stock Companies has rea- p 0W er of

sonable cause to believe that a Company, whether registered before Registrar to
or after the passing of this Act, is not carrying on business or h in Retort 68
operation, he shall send to the Company by post a letter inquiring Companies off
whether the Company is carrying on business or in operation. register.

(2.) If the Registrar does not within one month of sending the
letter receive any answer thereto, he shall within fourteen days
after the expiration of the month send to the Company by post a
registered letter referring to the first letter, and stating that no
answer thereto has been received by the Registrar, and that if an
answer is not received to the second letter within one month from
the date thereof, a notice will be published in the Gazette with a
view to striking the name of the Company off the register.

(3.) If the Registrar either receives an answer from the Company
to the effect that it is not carrying on business or in operation, or

D 2

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Ch. 19. Companies Act , 1880. 4a ViCT.

does not within one month after sending the second letter receive
any answer thereto, the Registrar may publish in the Gazette and
send to the Company a notice that at the expiration of three months
from the date of that notice the name of the Company mentioned
therein will, unless cause is shown to the contrary, be struck off
the register and the Company will be dissolved.

(4.) At the expiration of the time mentioned in the notice the
Registrar may, unless cause to the contrary is previously shown by
such Company, strike the name of such Company off the register,
and shall publish notice thereof in the Gazette, and on the publica¬
tion in the Gazette of such last-mentioned notice the Company
whose name is so struck off shall be dissolved: Provided that the
liability (if any) of every director, managing officer, and member
of the Company shall continue and may be enforced as if the
Company had not been dissolved.

(5.) If any Company or member thereof feels aggrieved by the
name of such Company having been struck off the register in pur¬
suance of this section, the Company or member may apply to the
superior court in which the Company is liable to be wound up ;
and such court, if satisfied that the Company was at the time of the
striking off can-ying on business or in operation, and that it is just
so to do, may order the name of the Company to be restored to the
register, and thereupon the Company shall be deemed to have
continued in existence as if the name thereof had never been struck
off; and the court may by the order give such directions and make
such provisions as seem just for placing the Company and all other
persons in the same position as nearly as may be as if the name of
the Company had never been struck off.

(6.) A letter or notice authorised or required for the purposes of
this section to be sent to a Company may be sent by post addressed
to the Company at its registered office, or, if no office has been
registered, addressed to the care of some director or officer of the
Company, or if there be no director or officer of the Company
whose name and address are known to the Registrar, the letter or
notice (in identical form) may be sent to each of the persons who
subscribed the memorandum of association, addressed to him at the
address mentioned in that memorandum.

(7.) In the execution of his duties under this section the Registrar
shall conform to any regulations which may be from time to time
made by the Board of Trade.

(8.) In this section the Gazette means, as respects Companies
whose registered office is in England, the London Gazette; as re¬
spects Companies whose registered office is in Scotland, the Edinburgh
Gazette; and as respects Companies whose registered office is in
Ireland, the Dublin Gazette.

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APPENDIX AND INDEX.

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CONTENTS.

1. Tables showing the Effect of the Session’s Legis¬

lation.

2. Index to the Public General Statutes.

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TABLES

SHOWING

THE EFFECT OF THE SESSION’S LEGISLATION.

Table A.—Acts of 43 Viet, (in order of Chapter), showing their effect on former Acts.
Table B.—Acts of former Sessions (in chronological order) Repealed and Amended by
Acts of 43 Viet.

(A.)

Acts of 43 Viet, (in order of Chapter), showing their effect on former

Acts.

1. Seed Supply (Ireland) [I.]

Empowers Guardians of the Poor to borrow money for purposes of the Act.

Applies Petty Sessions (Ireland) Acts, 14 & 15 Viet. c. 93. and 22 Viet. c. 14.

2. Artizans and Labourers Dwellings Improvement (Scotland) [S.]

Amends 38 & 39 Viet. c. 49., Artizans and Labourers Dwellings Improvement (Scotland)
Act, 1875.

Applies (as to Nuisances) 30 & 31 Viet. c. 101., Public Health (Scotland) Act, 1867.

3. Indian Salaries and Allowances [U.K.]

„ s. 3. in part of 4 Geo. 4. c. 71., Retiring Pay, Pensions, &c. (India).

4. Relief of Distress (Ireland) [I.]

Empowers Guardians of the Poor to borrow money for purposes of the Act.

Applies 1 & 2 Viet. c. 56. (Poor Law), and Acts amending same.

„ 10 & 11 Viet. c. 32. (Land Improvement), and Acts amending same.

„ 41 & 42 Viet. c. 52. and 42 & 43 Viet. c. 57., Public Health (Ireland) Acts, 1878

and 1879.

„ 33 & 34 Viet. c. 46., Landlord and Tenant (Ireland) Act, 1870.

Extends Borrowing Powers of Commissioners under 32 & 33 Viet. c. 42., Irish Church Act,
1869.

5. Consolidated Fund (3,982,902/. 3s. 3d. and 16,641,300/.) [U.K.]

6. Beer Dealers Retail Licences. [E.]

Repeals s. 8. of 32 & 33 Viet. c. 27., Wine and Beerhouse Act, 1869.

„ s. 31. of 37 & 38 Viet. c. 49., Licensing Act, 1874.

Amends 26 & 27 Viet. c. 33., Inland Revenue Duties.

Applies 35 & 36 Viet. c. 94., Licensing Act, 1872.

7. Road Debts on Entailed Estates (Scotland) [S.]

Amends s. 70. of 41 & 42 Viet. c. 51., Roads and Bridges (Scotland) Act, 1878.

8. Artizans Dwellings Act (1868) Amendment [U.K.]

Amends s. 22. of 42 & 43 Viet. c. 64., Artizans and Labourers Dwellings Act, 1868,
Amendment Act, 1879.

9. Army Discipline and Regulation (Annual) TU.K.]

Continues 42 & 43 Viet. c. 33., Army Discipline and Regulation Act, 1879.

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Effect of Legislation.

Table A.—Acta of 43 Viet, (in order of Chapter), &c.— continued.

43 Vict.

Ch.

10. East India Loan (East Indian Railway Debentures) [U.K.]

Recites 42 & 43 Vict. c. ccvi.. East Indian Railway Company Purchase Act, 1879; and
empowers Secretary of State in Council of India to raise 2,950,000/. for purposes of Act.
Applies 5 & 6 Will. 4. c. 64., as to Composition for Stamp Duties.

„ 22 & 23 Vict. c. 35., as to East India Stock.

„ 26 & 27 Vict. c. 73., as to India Stock.

„ 33 & 34 Vict. c. 93., Married Women’s Property Act, 1870.

„ 34 & 35 Vict. c. 29., East India Stock (Dividends) Act, 1871*

11. India Stock (Powers of Attorney) [U.K.]

Applies 34 & 35 Vict. c. 29., as to Transmission by Post of Powers of Attorney and
Dividend Warrants.

12. Hypothec Abolition (Scotland) [S.]

Determines Landlord’s Right of Hypothec after 11th Nov. 1881.

13. Consolidated Fund (Appropriation) [U.K.]

Authorises Issue of 9,552,927/. 9*. 10rf. out of Consolidated Fund, and appropriation of
the same.

14. CU8TOM8 AND INLAND REVENUE [U.K.]

Customs:—

Continues Duties on Tea.

Provisions as to Foreign Spirits bottled.

Taxes:—

Grants Duties of Income Tax, and applies provisions of former Acts.

Provisions as to assessment of Income Tax and of Inhabited House Duties.

Amends s. 11. of 39 & 40 Vict. c. 45., Industrial and Provident Societies Act, 1876, as
to Income Tax.

Stamps;—

Grants Duties on Probates and Letters of Administration.

Applies and amends 55 Geo. 3. c. 184., 55 Geo. 3. c. 56., and 20 & 21 Vict. c. 77-
Empowers commutation (in certain cases) of Legacy or Succession Duty, and applies
16 & 17 Vict. c. 51.

Provision for relief from Legacy Duty where personal estate is less than 100/.

15. National Debt [U.K.]

Amends 38 & 39 Vict. c. 45., Sinking Fund Act, 1875.

16. Exchequer Bills and Bonds [U.K.]

Applies 29 & 30 Vict. c. 25., Exchequer Bills and Bonds Act, 1866.

„ 40 & 41 Vict. c. 2., Treasury Bills Act, 1877*

17. Town Councils and Local Boards [E. & I.]

Abolishes Property Qualification.

Applies 5 & 6 Wifi. 4. c. 76., Municipal Corporations Act, 1835.

„ 9 Geo. 4. c. 82., Lighting, &c. of Cities and Towns (Ireland).

18. Parliamentary Elections and Corrupt Practices [U.K.]

Repeals s. 36. of 30 & 31 Vict. c. 102., as to Conveyance of Voters.

Applies 35 & 36 Vict. c. 33., Ballot Act, 1872.

Continues the following Acts ; viz.—

17 & 18 Vict. c. 102., 1

21 & 22 Vict. c. 87., > Corrupt Practices Prevention Acts, 1854, 1858, 1863.

26 & 27 Vict. c. 29., J

31 & 32 Vict. c. 125., Parliamentary Elections Act, 1868.

32 & 33 Vict. c. 21., Corrupt Practices Commission Expenses Act, 1869.

34 & 35 Vict. c. 61., Election Commissioners Expenses Act, 1871.

42 & 43 Vict. c. 75., Parliamentary Elections and Corrupt Practices Act, 1879.

19. Companies [U.K.]

Amends and applies 25 & 26 Vict. c. 89., *'1
„ „ 30 & 31 Vict. c. 131., I

„ „ 40 & 41 Vict. c. 26., f

„ „ 42 & 43 Vict. c. 76 , J

Companies Acts, 1862, 1867, 1877, and 1879.

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1880.

Effect of Legislation.

(B.)

Acts of former Sessions (in Chronological Order) Eepealed and Amended

by Acts of 43 Viet.

Act repealed or amended.

Subject-matter.

How

affected.

Chapter of
43 Viet.

53 Geo. 3. c. 155. s. 89. in pt.

East India Company

Repealed

55 Geo. 3. c. 56.

Probate, &c. Duties •

Amended

„ c. 184.

Probate, &c. Duties -

Amended

4 Geo. 4. c. 71. s. 3. in pt.

Retiring Pay, &c. (India)

East India Company-

Repealed

3 & 4 Will. 4. c. 85. s. 76. in

Pt.

Repealed

20 & 21 Viet. c. 77. -

Probate, &c. Duties -

Amended

25 & 26 Viet. c. 89. -

Companies -

Amended

26 & 27 Viet. c. 33. -

Beer Dealers Licences

Amended

30 & 31 Viet. c. 102. s. 36.

Parliamentary Elections

Repealed

„ c. 131. -

Companies -

Amended

32 & 33 Viet. c. 27. s. 8.

Beer Dealers Licences

Repealed

37 & 38 Viet. c. 49. s. 31.

Beer Dealers Licences

Repealed

38 & 39 Viet. c. 45. -

Sinking Fund

Amended

„ c. 49. -

Artizans, &c. Dwellings (Scotland)

Amended

39 & 40 Viet. c. 45. -

Income Tax—Industrial and Provident
Societies.

Amended

40 & 41 Viet. c. 26.

Companies - - -

Roads and Bridges (Scotland)

Amended

41 & 42 Viet. c. 51. -

Amended

42 & 43 Viet. o. 64.

Artizans, &c. Dwellings

Amended

» c. 76. -

Companies -

•

Amended

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INDEX

TO THE

PUBLIC GENERAL STATUTES,

43 VICTORIA.—A.D. 1880.

Administration, Letters of. See Customs and Inland Revenue ; pp. 44, 45.
Appropriation of Supplies:

To apply certain Sums out of the Consolidated Fund to the Service of the Year
ending the 31st March 1879, 1880, and 1881 ; and to appropriate the Supplies
granted in this Session of Parliament. Ch. 13. Page 27.

Army Discipline and Regulation:

To provide during twelve months for the Discipline and Regulation of the Army
Ch. 9. Page 20.

§ 1. Short title ; p. 21.

2. Army Discipline and Regulation Act (42 & 43 Viet. c. 33.) to be in force for certain specified

times ; ib.

3. Prices in respect of billeting to be as specified in schedule ; tb.

Schedule ; p. 22.

Artizans and Labourers Dwellings:

To explain and amend the twenty-second section of the Artizans and Labourers
Dwellings Act, 1868, Amendment Act, 1879 (42 & 43 Yict. c. 64.) Ch. 8. Page 20.
§ 1. Amendment of section 22. of 42 & 43 Viet. c. 64.; p. 20.

Artizans and Labourers Dwellings (Scotland) :

To amend the Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875
(38 & 39 Yict. c. 49). Ch. 2. Page 5.

§ 1. Short title, and construction of Act with 38 & 39 Viet. c. 49.; p. 5.

2. Schedule to 39 & 40 Viet. c. 49. to be construed as if schedule to this Act had formed part

of first-named Act; ib.

3. As to assessment of compensation ; ib.

4. Amendment of 38 & 39 Viet. c. 49. s. 5. as to the provision of accommodation for the

working classes; ib.

5. Definition of “Acts relating to nuisances”; p. 6.

Schedule ; ib.

Beer Dealers Retail Licences:

For amending the Law relating to the grant by Justices of Certificates for Beer Dealers
Retail Licences. Ch. 6. Page 18.

§ 1. Justices to have discretion as to granting of licences for consumption of beer off premises;

p. 18.

2. Licences to be granted at annual licensing meetings only; ib.

3. Short title and construction of Act; not to extend to Scotland or Ireland ; p. 19.

Schedule of enactments relating to licences ; ib.

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Index to the Public General Statutes .

43 Vict

Companies Acts Amendment:

To amend the Companies Acts of 1862, 1867, 1877, and 1879. Ch. 19. Page 50.

§ 1. Short title; p. 50.

2. Construction of Act with 25 & 26 Vict. c. 89., 30 & 31 Vict. c. 131., 40 & 41 Vict. c. 26.,

and 42 & 43 Vict c. 76.; ib.

3. Accumulated profits may be returned to shareholders in reduction of paid-up capital; ib.

4. No resolution to take effect till particulars have been registered; ib.

5. Power to any shareholder within one month after passing of resolution to require Company

to retain moneys paid upon shares held by such person; p. 51.

6. Company to specify amounts which shareholders have required them to retain under s. 5.;

also to specify amounts of profits returned to shareholders ; ib,

9 7. Power of Registrars strike names of defunct Companies off register; ib.

Consolidated Fund :

To apply the sums of 3,982,90 21. 3s. 3d. and 16,641,300/. out of tho Consolidated Fund
to the service of the years ending the 31st March 1880 and 1881. Ch. 5. Page 17.

To apply certain sums out of the Consolidated Fund to the service of the years ending
the 31st March 1879, 1880, and 1881; and to appropriate the Supplies granted in
this Session of Parliament. Ch. 13. Page 27.

Conveyance of Voters. See Parliamentary Elections, &c.; p. 49.

Corrupt Practices Acts. See Parliamentary Elections, &c. ; p. 49.

Customs and Inland Revenue :

To grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to
amend the Laws relating to Inland Revenue. Ch. 14. Page 41.

§ 1. Short title ; p. 42.

Customs.

2. Import duties on tea ; p. 42.

3. Foreign spirits may be bottled in warehouse for home consumption; ib.

Taxes.

4. Grant of duties of income tax ; p. 42.

5. Provisions of Income Tax Acts to apply to duties hereby granted; ib.

6. Provisions of Income Tax Acts to apply to duties to be granted for succeeding year; p. 43.

7. Assessment of income tax under Schedules (A.) and (B.), and of the inhabited house duties

for the year 1880-81 ; ib.

8. Exemption from income tax repealed in case of certain industrial and provident societies ;

p. 44.

Stamps.

9. Grant of duties on probates and letters of administration as in Schedule ; p. 44.

10. Account to accompany affidavit on application for probate or letters of administration ; ib.

11. Power to commute legacy duty or succession duty presumptively payable in certain cases ; ib.

12. Discharge of executor, &c. from claim to duty on distribution of fiind ; p. 45.

13. Relief from legacy duty when the whole of personal estate is less than 100/.; ib.

Schedule of duties on probates and letters of administration ; ib.

Debentures, Redemption of. See East India Loan ; p. 22.

Desertion. See Army Discipline and Regulation ; p. 20.

Distress in Ireland. See Relief of Distress (Ireland) ; p. 8. Seed Supply
(Ireland) ; p. 1.

Dividend Warrants. See India Stock ; p. 25.

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1880.

Index to (he Public General Statutes .

•E.

East India Loan:

To enable the Secretary of State in Council of India to raise money in the United
Kingdom for the purpose of paying off* or redeeming Debentures of the East Indian
Railway Company. Ch. 10. Page 22.

Preamble recites 42 & 43 Viet. c. ccvi. (East Indian Railway Company Purchase Act,
1879) ; p. 22.

§ 1. Power to Secretary of State to raise not exceeding 2,950,000/.; ib.

2. As to issue of bonds ; p. 28.

3. As to issue of debentures; ib.

4. As to payment of principal and interest on debentures; ib.

5. Debentures and coupons for interest transferable by delivery ; ib.

6. Interest, Ac. of capital stock ; ib.

7. Transfer books of such capital stock to be kept; ib.

8. Amount charged on revenues of India not to exceed 2,950,000/.; p. 24.

9. Power to raise money for payment of principal money ; ib.

10. Securities, &c. to be charged on revenues of India; ib.

11. Provisions as to composition for stamp duties on India bonds extended to bonds and de¬

bentures issued under this Act; ib.

12. Forgery of debentures and bills to be punishable as forgery of East India bonds; ib.

13. Saving borrowing powers of Secretary of State ; ib.

14. Stock created under this Act to be deemed East India stock ; ib.

15. Section 3., &c. of 33 & 34 Viet. c. 93. extended to capital stock created under this Act; ib.

16. 34 & 35 Viet. c. 29. extended to all capital stock issued by the Secretary of State under the

authority of Parliament; ib.

17. Short title; ib.

Schdeulk of redeemable debentures of East Indian Railway Company; p. 25.

East India (Salaries, &c.) Sec Indian Salaries and Allowances.

East India Stock. See East India Loan ; p. 22. India Stock ; p. 25.

East Indian Railway Company. See East India Loan; p. 22.

Elections, Parliamentary. Sec Parliamentary Elections, &c. ; p. 49.

Entailed Estates. See Road Debts on Entailed Estates (Scotland) ; p. 19.
Exchequer Bills and Bonds:

To raise the sum of 60,000/. by Exchequer Bonds, Exchequer Bills, or Treasury Billa*
for the service of the year ending the 31st March 1880. Ch. 16. Page 47*

§ 1. Treasury may raise 60,000/. by Exchequer Bonds, Exchequer Bills, or Treasury Bills ; p. 47.

2. Payment of interest and repayment of principal; p. 48.

3. Money to be paid into Exchequer ; ib.

4. Extension of sect. 15, of 29 & 30 Viet. c. 25. as to forgery, &c.; ib.

5. Short title; ib.

Foreign Spirits. See Customs and Inland Revenue ; p. 42.

Hypothec Abolition (Scotland) :

To abolish the Landlord’s Right of Hypothec for Rent in Scotland. Ch. 12. Page 26.

§ 1. Landlord’s right of hypothec to cease after 11th November 1881; p. 26.

2. Landlord’s remedies when rent is due and unpaid ; ib.

3. Provisions of the preceding section not to apply where landlord’s right of hypothec has not

ceased and determined; p. 27.

4. Short title ; ib.

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Index to the Public General Statutes.

43 Vict.

Income Tax. See Customs and Inland Revenue ; pp. 42-44.
iNDrA Stock:

To make Powers of Attorney and Requests for Transmission of Dividend Warrants by
Post relating to India Five per centum Stock applicable to India Four per centum
Stock. Ch. 11. Page 25.

§ 1. Short title; p. 25.

2. Powers of attorney for sale and transfer of India five per cent, stock to apply to India four

per cent, stock ; ib.

3. Powers of attorney for receipt of dividends on India five per cent, stock to apply to India

four per cent, stock ; p. 26.

4. Requests for post dividend warrants in respect of India five per cent, stock to apply to India

four per cent, stock; ib.

Indian Salaries and Allowances :

To amend the Law relating to the Salaries and Allowances of certain Officers in India;
and for other purposes relating thereto. Ch. 3. Page 7.

§ 1. Short title; p. 7.

2. Power to regulate certain allowances for equipment, &c.; ib.

3. Power to regulate certain ecclesiastical salaries ; ib.

4. Charges on Indian revenues not to be increased ; ib.

5. Repeal of enactments described in Second Schedule ; ib.

Schedules ; p. 8.

Industrial and Provident Societies. See Customs and Inland Reven ue ; p. 44.
Inhabited House Duties. See Customs and Inland Revenue ; pp. 43.

Inland Revenue Duties. See Customs and Inland Revenue ; p. 42-45.

Ireland, Acts relating exclusively to. See Relief of Distress (Ireland) :
p. 8. Seed Supply (Ireland) ; p. 1.

Irish Church Commissioners. See Relief of Distress (Ireland) ; p. 16.

Joint Stock Companies. See Companies Acts Amendment ; p. 50.

Labourers Dwellings. See Artizans and Labourers Dwellings ; p. 20. Arti-
zans and Labourers Dwellings (Scotland) ; p. 5.

Landlord’s Right of Hypothec. See Hypothec Abolition (Scotland) ; p. 26.

Legacy and Succession Duties. See Customs and Inland Revenue ; p. 44.

Letters of Administration. See Customs and Inland Revenue ; pp. 44, 45.

Licences for Sale of Beer. See Beer Dealers Retail Licences; p. 18.

Local Boards. See Town Council^ and Local Boards ; p. 48.

Municipal Corporations. See Town Councils and Local Boards ; p. 48.
Mutiny Acts. See Army Discipline and Regulation ; p. 20.

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1880.

Index to the Public General Statute 8 .

National Debt:

To authorise the Commissioners of Her Majesty’s Treasury to borrow a sum on the
security of Terminable Annuities, and to increase the permanent Annual Charge of
the National Debt. Ch. 15. Page 46.

§ 1. Short title ; p. 46.

2. Power to Treasury to borrow 6,000,000/. on terminable annuities ; ib.

8. Increase of five years of permanent annual charge of the National Debt to 28,000,000/.;
p. 47.

Parliamentary Elections :

To amend the Law relating to the Conveyance of Voters to the Poll, and to continue
the Acts relating to the Prevention of Corrupt Practices at Parliamentary Elections
and the Acts relating to Election Petitions. Ch. 18. Pag© 49.

§ 1. Short title ; p. 49.

2. Repeal of section 36 of 30 & 31 Viet. c. 102. as to payment of expenses of conveyance of

voters ; ib.

3. Amendment of law as to parliamentary elections in Scotland ; ib.

4. Continuance of Acts as in schedule ; p. 50.

Schedule ; ib.

Powers of Attorney. See India Stock ; p. 25.

Probate Duty. See Customs and Inland Revenue ; pp. 44, 45.

Property Qualification Abolition. See Town Councils and Local Boards ;
p. 48.

Relief of Distress (Ireland) :

To render valid certain proceedings taken for the Relief of Distress in Ireland, and to
make further provision for such Relief; and for other purposes. Ch. 4. Page 8 .

§ 1. Short title ; p. 8.

2. Interpretation of terms; ib.

3. Extension of power to grant out-door relief in food and fuel; p. 9.

4. Power to guardians to borrow for purposes of this Act j ib.

5. Power of Board of Works to lend ; p. 10.

6. Repayment of loans made by the Board of Works ; ib.

7. Orders for payment of loans may be made by Local Government Board; ib.

8. Confirmation of expenditure by guardians, and indemnity; ib.

9. Validation of loans; p. 11.

10. Validation of baronial presentments; p. 12.

11. Future meetings of baronial sessions ; p. 13.

' 12. Permanence of constitution of sessions ; ib.

13. Repayment of advances ; ib.

14. Tax to be divided like poor rate; p. 14.

15. Remuneration for county officers; p. 15.

16. Audit of accounts ; p. 16.

17. Repayment to the Treasury; ib.

18. Extension of borrowing powers of Commissioners of Church Temporalities in Ireland; ib.

19. Repayment to Church Temporalities Commissioners; ib.

20. Indemnity and saving; ib.

21. Out-door relief not to involve electoral disability; p. 17.

Schedule of Acts*referred to.

- See also Seed Supply (Ireland) 5 p. 1 .

Rent. See Hypothec Abolition (Scotland) ; p. 26.

Road Debts on Entailed Estates (Scotland);

To amend the Law in regard to charging Road Debts on Entailed Estates in Scotland.
Ch. 7. Page 19.

§ l . Amendment of section 70. of Roads and Bridges (Scotland) Act, 41 & 42 Viet. c. 51 ; p. 19.

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Index to the Public General Statutes .

43 Vict.

Salaries, Ac. (India). See Indian Salaries and Allowances ; p. 7.

Scotland, Acts relating exclusively to. See Artizans and Labourers Dwel¬
lings (Scotland); p. 5. Hypothec Abolition (Scotland); p. 26. Road Debts
on Entailed Estates (Scotland) ; p. 19.

Seed Supply (Ireland) :

To enable Guardians of the Poor to borrow Money for the purpose of procuring Seed
Potatoes and Seed Oats, and other Seed, for Tenants in Ireland; and for other
purposes. Ch. 1. Page 1.

§ 1. Short title ; p. 1.

2. Application of Act; ib.

3. Powers of guardians to borrow ; ib.

4. Terms of loan; ib.

5. Orders for payment of loans may be made by Local Government Board; p. 8.

6. Application of loans ; ib.

7. Recovery of price from purchasers; p. 3.

8. Power of entry and inspection ; ib.

9. Summary recovery of price of seed ; p. 4.

10. Powers of Local Government Board where guardians make default; ib.

11. Saving for other remedies; ib.

12. Repayment of loans made by the Board of Works; ib.

18. Confirmation of expenditure by guardians, and indemnity; ib.

14. No electoral disability to be incurred ; p. 5.

Sinking Fund. See National Debt ; p. 46.

Stamps. See Customs and Inland Revenue ; p. 44.

Succession Duty. See Customs and Inland Revenue; p. 44.

Supplies, Appropriation of. See Appropriation of Supplies ; p. 27.

Taxes. See Customs and Inland Revenue ; pp. 42-44.

Tea Duties. See Customs and Inland Revenue ; p. 42.

Terminable Annuities. See National Debt ; p. 46.

Town Councils and Local Boards :

To abolish the property qualification for members of Municipal Corporations and Local
Governing Bodies. Ch. 17. Page 48.

§ 1. Alternative qualification for membership of local authority; application of 5 & 6 W. 4 . c. 76.
and 9 Geo. 4. c. 82.; p. 48.

2. Short title ; p. 49.

3. Act not to extend to Scotland; ib.

Treasury Bills. See Exchequer Bills and Bonds ; p. 47.

Voters, Conveyance of. See Parliamentary Elections, &c. ; p. 49.

LONDON : Printed by Georoe Edward Etre and William Spottmwoode,
Printers to tbe Queen’s most Excellent Majesty. 1SS0.

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THE

LAW REPORTS.

Cljf <§meral Statutes,

PASSED IN THE

FORTY-THIRD AND FORTY-FOURTH YEARS

OF THE REION OF HER MAJESTY

QUEEN VICTORIA,

1880 :

WITH

A LIST OF THE LOCAL AND PRIVATE ACTS,

TABLES SHOWING THE EFFECT OF THE SESSION’S

LEGISLATION,

AND A COPIOUS INDEX.

VOL. XVL

LONDON:

PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE,

PRINTERS TO THE QUEEN’S MOST EXCELLENT MAJESTY,

FOR

WILLIAM CLOWES & SONS, LIMITED,

Jlrinttts to tty gneorporaftb Council of Jafa Importing for Cnglanb mb SHalt*,

DUKE STREET, STAXTORD STREET; AND 14, CHAEINO CROSS.

PUBLISHING OFFICE, 51, CAREY STREET, LINCOLN’S INN, W.O.

1880.

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Digitized by

TABLE

The Titles of the Public General Acts passed in the Pirst Session
of the Twenty-Second Parliament of the United Kingdom of
Great Britain and Ireland.

1. A N Act to appoint Public Works Loan Commissioners ; to grant Money for

the purpose of Loans by the Public Works Loan Commissioners and the
Commissioners of Public Works in Ireland ; and for other purposes relating
to Loans by those Commissioners. 1

2. An Act to amend the Glebe Loan Acts (Ireland). 5

3. An Act to apply the sum of Four million nine hundred and twenty-five

thousand three hundred and twenty pounds out of the Consolidated Fund to
the service of the year ending on the thirty-first day of March one thousand
eight hundred and eighty-one. 5

4 . An Act to provide for the appointment of Judicial Factors in Sheriff

Courts in Scotland. 6

5 *. An Act to make provision for borrowing in respect of certain County
Bridges. 9

6. An Act to amend the Representation of the People (Scotland) Act, 1868. 9

7 . An Act to extend the Union Assessment Committee Acts to single parishes

under separate Boards of Guardians. 10

8. An Act to provide for the raising of Loans on behalf of the Isle of Man. 11

9. An Act to remove doubts as to the meaning of Expressions relative to Time

occurring in Acts of Parliament, deeds, and other legal instruments. 14

10 . An Act to amend the Law respecting the Manner of passing Grants under

the Great Seal, and respecting Officers connected therewith. 14

11- An Act to authorise the Extension and further Limitation of the Tenures of
certain University and College Emoluments limited or to be limited by Orders
of the Oxford and Cambridge Commissioners. 15

12 . An Act to continue certain Turnpike Acts, and to repeal certain other Turn¬
pike Acts; and for other purposes connected therewith. 17

13. Ain Act to amend the Law in Ireland relating to the Registration of

Births and Deaths. 22

14 . An Act to amend the Relief of Distress (Ireland) Act, 1880 ; and for other

purposes relating thereto. 38

15 . An Act further to amend the Industrial Schools Act, 1866, and the Indus¬
trial Schools Act (Ireland), 1868. 45

16 . An Act to amend the Law relating to the Payment of Wages and Rating of

Merchant Seamen. 45

17 . An Act to make provision for Holidays in the Customs and Inland Revenue

Offices in Scotland. 50

18 . An Act to amend the Merchant Shipping Act, 1854. 51

19 . An Act to consolidate Enactments relating to certain Taxes and Duties

under the management of the Board of Inland Revenue. 51

a 2

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Table of the Statutes.

20. An Act to repeal the duties on Malt, to grant and alter certain duties of In¬
land Revenue, and to amend the Laws in relation to certain other duties. 119

21. An Act to raise the sum of One million five hundred thousand pounds by

Exchequer Bonds, Exchequer Bills, or Treasury Bills, for the service of the
year ending on the thirty-first‘day of March one thousand eight hundred and
eighty-one. 140

22. An Act to amend the Merchant Shipping Act, 1854, so far as regards

certain Fees and Expenses and Sums receivable and payable by the Board of
Trade. 141

23. An Act to make further provision as to Byelaws respecting the attendance of

Children at School under tne Elementary Education Acts. 142

24. An Act to consolidate and amend the Law relating to the Manufacture and

Sale of Spirits. 144

25. An Act for further amending the Acts relating to the raising of Money by
the Metropolitan Board of Works; and for other purposes relating thereto. 195

26. An Act to extend to Scotland the Facilities for effecting Policies of Assurance

for the Benefit of Married Women and Children now in force in England and

Ireland. 205

27. An Act to amend the Law relating to the powers of Drainage Boards in

Ireland to construct Works outside the limits of their Districts. 206

28. An Act for taking the Census in Ireland. • 208

29. An Act to amend the Courts of Justice Building Act, 1865. 211

30. An Act to apply the sum of Ten million eight hundred and eighteen

thousand two hundred and seventy-four pounds out of the Consolidated Fund
to the service of the year ending on the thirty-first day of March one thousand
eight hundred and eighty-one. 212

31. An Act to amend the Railways Construction Facilities Act, 1864. 213

32. An Act to render valid certain Orders in Bastardy. 214

33. An Act relating to Post Office Money Orders. 215

34. An Act to abolish Imprisonment for Debt, and to provide for the better
Punishment of Fraudulent Debtors in Scotland; and for other purposes. 218

35. An Act to amend tne Laws relating to the Protection of Wild Birds. 223

36. An Act to amend the Savings Banks Acts. 226

37. An Act for taking the Census of England. 231

38. An Act for taking the Census of Scotland. 236

39. An Act to confer jurisdiction in Lunacy upon the County Courts in Ireland

in certain cases. 241

40. An Act to apply a sum out of the Consolidated Fund to the service of
the year ending on the thirty-first day of March one thousand eight hundred
and eighty-one, and to appropriate the Supplies granted in this Session of
Parliament. 242

4L An Act to amend the Burial Laws. 253

42. An Act to extend and regulate the Liability of Employers to make Com¬
pensation for Personal Injuries suffered by Workmen in their service. 258

43. An Act to provide for the safe carriage of Grain Cargoes by Merchant

Shipping. 261

44. An Act to explain and amend Sections Seven, Thirteen, and Fourteen of

the Relief of Distress (Ireland) Amendment Act, 1880. 264

45. An Act to amend the Criminal Law as to Indecent Assaults on Young

Persons. 265

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1880. Public General Acts . v

46. An Act to amend the Universities and College Estates Act, 1858. 266

47. An Act for the better protection of Occupiers of Land against injury to

their Crops from Ground Game. 268

48. An Act to continue various expiring Laws. 271

The Acts contained in the following List, being Public Acts of a Local
Character, are placed amongst the Local and Personal Acts.

iii. An Act to confirm a Provisional Order under the Drainage and Improve¬
ment of Lands (Ireland) Act, 1863, and the Acts amending the same.

TrxxiiL An Act to confirm a Provisional Order of the Local Government Board
under the provisions of the Gas and Water Works Facilities Act, 1870, and
the Public Health Act, 1875, relating to the Borough of Conway.

XXXiv. An Act to confirm a Provisional Order of the Local Government Board
under the provisions of the Highways and Locomotives (Amendment) Act,
1878, relating to the county of Salop.

XXXV. An Act to confirm a Provisional Order under the Drainage and Improve¬
ment of Lands (Ireland) Act, 1863, and the Acts amending the same.

XXX vi. An Act to confirm certain Provisional Orders of the Local Govern¬
ment Board relating to the Boroughs of Abingdon and Beverley, the Local
Government District of Briton Ferry, the Borough of Burnley, the Local
Government District of Buxton, the Borough of Cardigan, the Town of Hove,
the City of Manchester, the Improvement Act District of Middleton and Tonge,
the Boroughs of Newbury and Southport, the Improvement Act District of
West Hartlepool, and the Local Government District of Wirksworth.

xxxvii. An Act to confirm a Scheme under the Metropolitan Commons Act,
1866, and the Metropolitan Commons Amendment Act, 1869, relating to
Staines Commons.

XXX V iii. An Act to confirm certain Provisional Orders of the Local Government
Board for Ireland relating to the town of Ballinasloe; and to the Ballymacor-
mick Burial Ground; and to the towns of Clonmel and Tralee; and to Water¬
works in the town of Wicklow.

ytyiy. An Act to confirm a Provisional Order under the General Police and
Improvement (Scotland) Act, 1862, relating to the Burgh of Broughty Ferry.

xl. An Act to confirm certain Provisional Orders of the Local Government Board
for Ireland relating to the towns of Banbridge, Monaghan, Thurles, and Trim,
and to Waterworks in the town of Kinsale, and to the Skule Bog United
District.

lviii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Improvement Act District of Abergavenny (two), the
Local Government Districts of Baldock, Bredbury, Bromsgrove, Cuekfield, and
Ebbw Yale, the Hanley, Stoke, and Fenton Joint Hospital District, the Local
Government District of Heckmondwike, the Borough of Pembroke, and the
Local Government Districts of Swindon New Town and Withington.

lix. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Rural Sanitary Districts of the Amersham, Ashby-de-la-
Zouch, and Basford Unions, the Borough of Chard, the Local Government
District of Croydon, the Borough of Cheltenham, the Rural Sanitary District
of the Hendon Union, the Local Government Districts of Hornsey and Leyton,
the City of Lincoln, the Borough of Plymouth, the Local Government District
of Redditch, the Rural Sanitary District of the Shardlow Union, and the Local
Board of Health District of Woolwich.

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43 & 44 Yicr.

vi Table of the Statutes.

lx. An Act to confirm a Provisional Order of the Local Government Board
under the provisions of the Poor Law Amendment Act, 1867, relating to the
City of Canterbury, and an Order of the Local Government Board under the
provisions of the Divided Parishes and Poor Law Amendment Act, 1876, as
amended and extended by the Poor Law Act, 1879, relating to the Parishes of
Bepton, Chithurst, Famhurst, Iping, Kirdford, Linch, Linchmere, Lodswortb,
Lurgashall, Selham, Stedbam, Terwick, Trotton, and Woolbeding, and to the
Tything of North Aonbersham.

Iwi. An Act for confirming certain Provisional Orders made by the Board of
Trade under the Gas and Water Works Facilities Act, 1870, relating to Chew
Magna Gas, Garstang Gas, Halstead Gas, Harrogate Gas, Holywell Gas, Long
Eaton Gas, Trowbridge Gas, Broadstairs Water, East Blatchington and Seaford
Water, Gisborough Water, Harrogate Water, Luton Water, Newhaven and
Denton Water, Norwood (Middlesex) Water, and Pwllheli Water.

lxii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Local Government District of Ashford, the Improve¬
ment Act District of Bournemouth, the Urban Sanitary District of Folkestone,
the Local Government Districts of Ilfracombe and Mirfield, the Rural Sanitary
District of the Reigate Union, and the Port of Wisbech.

Ixiii. An Act to confirm certain Provisional Orders of the Local Government
Board for Ireland relating to a new Street in Dublin, and to Waterworks in
the town of Fermoy.

lxiv. An Act to confirm the Provisional Order for the Regulation of certain
Lands known as Abbotside Common, situate in the parish of Aysgarth, in the
county of York, in pursuance of a report of the Inclosure Commissioners for
England and Wales.

Ittwyi. An Act to confirm the Provisional Order for the Regulation of certain
Lands known as Clent Hill Common, situate in the parish of Clent, in the
county of Worcester, in pursuance of a report of the Inclosure Commissioners
for England and Wales.

lXXXii. An Act to confirm a Provisional Order under the Land Drainage Act,
1861, relating to Frodsham and Helsby Improvements, situated in the parish
of Frodsham, in the county of Chester.

Ixxxiii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Rural Sanitary District of the Alnwick Union, the
Borough of Barnsley (two), the Local Government District of Brentford, the
Rural Sanitary District of the Durham Union, the Local Government Districts
of Ealing, East Dereham, and Mountain Ash (two), the Boroughs of
Newcastle-under-Lyme and Penzance, the Rural Sanitary Districts of the
Rothbury and Settle Unions, and the Local Government District of Torquay.

lxxxiv. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Borough of Kingston-upon-Hull, and the Improvement
Act District of Ramsgate.

1XXXV. An Act ’to confirm certain Provisional Orders made by the Board of
Trade under the General Pier and Harbour Act, 1861, relating to Aldrington,
Anstruther, Bouldnor, Broadstairs, Carrickfergus, Castle Bay (Barra), Llan¬
dudno, and Tralee and Fenit; and to amend the Cattewater Harbour Order
1876.

lxxxvi. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Borough of Aberavon, the Local Government District
of Ashton-in-Makerfield, the City of Canterbury, the Local Government Dis¬
trict of Cleator Moor, the Borough of Congleton, the Local Government

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vii

1880. Local Acts.

District of Horn castle, the City of Lincoln, the Local Government District of
Littlehampton, the Improvement Act District of Llandudno, the Local Govern¬
ment Districts of Ossett-cum-Gawthorpe and Oswaldtwistle, the City of Saint
Alban (two), and the Borough of Sunderland.

XXXVii. An Act to confirm the Provisional Order for the inclosure of certain
lands known as Hendy Bank Common, situate in the parish of Cefnllys in
the county of Radnor, in pursuance of a Report of the Inclosure Commissioners
for England and Wales.

l xxx v iii. An Act to confirm the Provisional Order for the inclosure of certain
Lands known as the Common Fields, the Common Meadow Lands, the Cow
Common, the Green, the Meres, Baulks, and other waste lands, situate in the
parish of Steventon, in the county of Berks, in pursuance of a Report of the
Inclosure Commissioners for England and Wales.

Itttit An Act to confirm the Provisional Order for the inclosure of certain
Lands known as Llandegley Rhos Common, situate in the parish of Glascwm,
in the county of Radnor, in pursuance of a Report of the Inclosure Commis¬
sioners for England and Wales.

XC. An Act to confirm the Provisional Orders for the regulation of certain
Lands forming part of the Lizard Common, and situated in the parish of
Landewednack, in the county of Cornwall, and the Provisional Orders for the
inclosure of certain other Lands forming the remainder of the said common,
and situated in the same parish, in pursuance of a Report of the Indosure
Commissioners for England and Wales.

XCi. An Act to confirm a Provisional Order made under the Public Health
(Scotland) Act, 1867, relating to the Borough of Lanark.

XCii. An Act to confirm a Provisional Order made under the Public Health
(Scotland) Act, 1867, relating to the Parish of Blantyre.

XCiiL An Act to confirm an Order of the Local Government Board under the
provisions of the Divided Parishes and Poor Law Amendment Act, 1876, as
amended and extended by the Poor Law Act, 1879, relating to the Parishes
of Bowers Gifford, Hadleigh, Laindon, Leigh, North Benfleet, Pitsea, Prittle-
well, South Benfleet, Southchurch, and Yange.

XCiv. An Act to enable Her Majesty’s Postmaster-General to enlarge and acquire
a site for the South-western (of London) District Post Office.

CXXX. An Act to continue for a limited period the powers of the Arbitrator
under the Epping Forest Act, 1878, and to amend that Act.

CXXXL An Act to confirm the Provisional Order of one of Her Majesty’s
Principal Secretaries of State for the modification of the Metropolis (High
Street, Islington) Improvement Scheme.

CXXXii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Local Government District of Eastbourne, the Improve¬
ment Act District of Herne Bay, the Local Government Districts of North wich
and Pudsey, the Improvement Act District of Ramsgate, and the Local Govern¬
ment District of West Ham.

CXXXiii. An Act to confirm the Provisional Order for the Inclosure of certain
Lands known as Llanfair Hills, situate in the parish of Llanfair Waterdine, in
the county of Salop, in pursuance of a report of the Inclosure Commissioners
for England and Wales.

Cliv. An Act to confirm certain Provisional Orders made by the Education
Department under the Elementary Education Act, 1870, to enable the School
Boards for Cardiff, Liverpool, Southampton, and Walton-on-Thames to put in
force the Lands Clauses Consolidation Act, 1845, and the Acts amending the
same.

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viii

43 & 44 Vicr.

Table of the Statutes.

Clxxi An Act to confirm a certain Provisional Order of the Local Government
Board for Ireland made under the Artizans and Labourers Dwellings Im¬
provement Act, 1875, relating to the city of Dublin; and a certain Provisional
Order of the said Board made under the Public Health (Ireland) Act, 1878,
relating to Waterworks in the city of Armagh.

clxxii. An Act for confirming certain Provisional Orders made by the Board of
Trade under the Tramways Act, 1870, relating to Bath Tramways, Birkdale
and Southport Tramways, Bristol Tramways (Extensions), Cambridge Street
Tramways (Extension), Cardiff District and Penarth Harbour Tramways,
Croydon Street Tramways (Extensions), Darlington Tramways, Dudley,Sedgley,
and Wolverhampton Tramways, Ipswich Tramways (Extensions), Llanelly
Tramways, Merthyr Tramways, Peterborough Tramways, Staffordshire Tram¬
ways (Additional Powers), Stockton-on-Tees and District Tramways, Sunder¬
land Tramways (Use of Mechanical Power), Withington Local Board Tramways,
and Wolverhampton Tramways (Use of Mechanical Power).

Clxxiii. An Act for confirming certain Provisional Orders made by the Board
of Trade under the Tramways Act, 1870, relating to Birmingham and Aston
Tramways, Blackpool St. Anne’s-on-the-Sea and Lytham Tramways, Bradford
Corporation Tramways, Carlisle and District Tramways, Folkestone, Sandgate,
and Hythe Tramways, North Staffordshire Tramways, Rothesay Tramways,
Walsall and District Tramways, Walton-on-the-Hill Tramways, and Woolwich
and Plumstead Tramways.

Clxxiv. An Act to make further provision with respect to the powers of the
Commissioners for Public Works in Ireland in relation to a grant and loan
for the Improvement of Kinsale Harbour, and to enable the Town Commis¬
sioners of Kinsale to guarantee a loan and levy rates for the purposes of such
Improvement.

clxxv. An Act to confirm a Provisional Order of one of Her Majesty’s
Principal Secretaries of State for the Improvement of Unhealthy Areas in the
Parliamentary Burgh of Leith.

Clxxvi. An Act to confirm a Provisional Order made under the General Police
and Improvement (Scotland) Act, 1862, relating to Forfar Gas.

Clxxvii. An Act to confirm certain Provisional Orders under the Drainage and
Improvement of Lands (Ireland) Act, 1863, and the Acts amending the same.

Clxxviii. An Act to confirm certain Provisional Orders of the Local Govern¬
ment Board relating to the Improvement Act District of Bethesda, the Borough
of Birmingham, the Local Government District of Haworth, the Lower Thames
Valley Main Sewerage District, the Borough of Rochdale, the Rochester and
Chatham Joint Hospital District, the Boroughs of Rotherham, Stockton, and
Middlesbrough, and the City of York (two).

cciv. An Act to confirm a Provisional Order under the Drainage and Improve¬
ment of Lands (Ireland) Act, 1863, and the Acts amending the same.

CCV. An Act to confirm a Provisional Order made by the Education Department
under the Elementary Education Act, 1870, to enable the School Board for
London to put in force the Lands Clauses Consolidation Act, 1845, and the
Acts amending the same.

CCVL An Act to enable the Commissioners of Public Works in Ireland to lend
the sum of One thousand pounds to the Mulkear Drainage District Board.

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THE

PUBLIC GENERAL STATUTES,

43 & 44 Victoria.

_ _ »

CHAPTER 1.

An 1 Act to appoint Public Works Loan Commissioners; to
grant Money for the purpose of Loans by the Public
Works Loan Commissioners and the Commissioners of
Public Works in Ireland; and for other purposes relating
to Loans by those Commissioners. [14th June 1880. J

W HEREAS the persons appointed Public Works Loan Com- 38 & 39 Viet.

missioners by the Public Works Loans Act, 1875, were c - 89 -
appointed to hold office for a period of five years from the first day
of April one thousand eight hundred and seventy-six, and it is
expedient to appoint Commissioners for a further period of five
years:

And whereas it is expedient to authorise the remission of certain
sums due in respect of loans granted by the said Commissioners and
by the Commissioners of Public Works in Ireland :

And whereas it is expedient td grant money for the purpose of
loans by the Public Works Loan Commissioners and the Con#-
miasioners of Public Works in Ireland:

L This Act may be cited as the Public Works Loans Act, 1880. Short title.

PART I.

Appointment of Commissioners and Remission of Loans .

2. The following persons, that is to say, Thomas M. Weguelin, Appointment
Esq., Thomson Hankey, Esq., T. N. Hunt, Esq., H. H. Vivian, Esq.,

M.P., W. Jones Loyd, Esq., Herbert Barnard, Elsq., Lord Napier and comnLmoners
Ettrick, Richard Musgrave Harvey, Esq., Lord Cottesloe, Sir Charles for five years.
H. Mills, Bart., M.P., Jervoise Smith, Esq., Edward Howley Palmer,

Esq., Right Honourable T. M. Gibson, Thomas Salt, Esq., Benjamin
Buck Greene, Esq., and Charlek Loyd Norman, Esq., shall after the
passing of this Act be Public Works Loan Commissioners under
the Public Works Loans Act, 1875, and shall hold office for a 88 g & 39 Vict -
period of five years from the first day of April one thousand eight c "
hundred and eighty-one.

3. Whereas by the Anstruther Union Harbour Act, 1860, the ^ZZ°L
Commissioners of Anstruther Union Harbour, in this section referred to Anstruther
to as the Harbour Commissioners, were incorporated, and the old Union Harbour
harbour of Anstruther Easter therein mentioned, and the rates, and

dues thereof, were vested in them; 23 & 24 Vict.

[Til* LAW RKFORT8.] A C# 89 ‘

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Ch. 1. Pvblic Works Loans Act, 1880. 43 & 44 Yict.

And whereas the new harbour in the said Act mentioned has, in
pursuance of that Act been made and become vested in the Harbour
Commissioners;

And whereas the Public Works Loan Commissioners have, in
pursuance of the said Act, advanced to the Harbour Commissioners
the sum of sixteen thousand five hundred pounds, on security of the
old and new harbours and the property connected therewith, and
the rates and tolls thereof repayable by thirty annual instalments
payable on the eighteenth day of October in each year, and the
interest is payable annually on the same day ;

And whereas the Commissioners for the British White Herring
Fisheries have, in pursuance of the said Act, advanced to the
Harbour Commissioners the sum of six thousand five hundred
pounds, but the principal and interest thereof are postponed to the
security granted to the Public Works Loan Commissioners in re¬
spect of the said loan of sixteen thousand five hundred pounds ;

And whereas the revenues arising from the said old and new
harbours are directed by the said Act to be applied, first, in pay¬
ment of fifty pounds a year to the magistrates and council of
Anstruther Easter ; secondly, in payment of the interest and instal¬
ments of the principal of the loan granted by the Public Works
Loan Commissioners; and, thirdly, in payment of the ordinary
expenditure on management, maintenance, and repairs of the said
harbours and the works connected therewith, and in payment of
other charges;

And whereas all interest up to the eighteenth day of October
one thousand eight hundred and seventy-one was paid, but since
that date only a portion of one years interest has been paid, and no
instalment of principal has been paid ;

And whereas the Harbour Commissioners represented to the Com¬
missioners of Her Majesty’s Treasury that the revenues derived
from the harbour are not sufficient to do more than meet the
annual sum payable to the magistrates and council of Anstruther
Easter, and the ordinary expenditure of the management, mainte¬
nance, and repairs of the said harbours, and ^that there is no im¬
mediate prospect of an increase of the revenues of the harbours
sufficient to meet in addition to the above the interest on and in¬
stalments of principal of the loan by the Public Works Loan
Commissioners;

And whereas it is expedient to authorise the Publio Works Loan
Commissioners for a limited period to remit the payment of the
interest on the said loan and suspend the payment of instalments
of the principal of the said loan: Be it therefore enacted as
follows:

The Public Works Loan Commissioners, with the approval of the
Commissioners of Her Majesty’s Treasury, may remit all or any
part of the interest which has become due or may before the nine¬
teenth day of October one thousand eight hundred and ninety-two
become due in respect of the loan of sixteen thousand five hundred
pounds advanced to the Harbour Commissioners by the Public
Works Loan Commissioners, and may until that day suspend the
payment of instalments of the principal of the said loan, but after
the said day the principal and interest of the loan shall be payable

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1880. Public Works Loans Act , 1880. Ch. 1.

to the Public Works Loan Commissioners as if the loan had been
made on the day previous to that day.

All interest so remitted shall be deemed to be a free grant by
Parliament.

4. Whereas under an Act of the session holden in the fifth and Remission of
sixth years of the reign of Her present Majesty, chapter eighty-nine, ^^ n o 1 ^ 18tal "
intituled “ An Act to promote the Drainage of Lands, and improve- principal and
“ ment of Navigation and Water Power in connexion with such interest dne in
“ Drainage, in Ireland,” and the Acts amending the same, the co^min^
Commissioners of Public Works in Ireland executed works for the power,
improvement of the water power of certain mills situate on each side
of the River Corrib in the county of Galway, and made their final
award, dated the fourth day of April one thousand eight hundred
and sixty, specifying, among other things, the works so executed
and the mills and lands chargeable with the moneys expended on
the said works;

And whereas by virtue of the said award, the said mills and
lands became charged in the proportions specified in the said award
with the repayment to the Commissioners of Public Works in
Ireland of a portion of the moneys expended on the said works, the
residue having been remitted by authority of the Commissioners of
Her Majesty’s Treasury;

And whereas out of the said moneys some instalments of principal
and interest due from the proprietors of certain of the said mills
and lands, amounting to fifteen hundred and sixty-six pounds four¬
teen shillings and tenpence, still remain due, as set forth in the
Schedule to this Act, but the residue of the said moneys and all
interest thereon have been paid ;

And whereas the proprietors from whom the said instalments are
so due complained that, having regard to the benefits conferred by
the works, the amount charged on their mills and lands was ex¬
cessive, and requested the Commissioners of Her Majesty’s Treasury
to authorise the remission of the said instalments ;

And whereas it is expedient to authorise such remission: Be it
therefore enacted that—

The Commissioners of Public Works in Ireland, with the approval
of the Commissioners of Her Majesty’s Treasury, may remit the in¬
stalments of principal and interest amounting to the sum of fifteen
hundred and sixty-six pounds fourteen shillings and tenpence, which
have become due in respect of the expenditure on the said works,
and the sums so remitted shall be deemed to be a free grant by
Parliament.

PART IL

Provision of Money for PubUc Works Loan Commissioners .

5. For the purpose of loans by the Public Works Loan Com¬
missioners,—

(1.) Any sum or sums, not exceeding in the whole the sum of
five million pounds, may be issued out of the Consolidated
Fund of the United Kingdom, or the growing produce
thereof, in manner provided by the Public Works Loans
Act, 1875, as amended by the Public Works Loans Act,
1879; and

A 2

Grant of
5,000,000/. for
Public Works
loans daring
the period
ending 30th
Jane 1881.

38 & 39 Viet,
c. 89.

42 & 43 Viet,
c. 77.

Digitized by LjOOQle

38 & 39 Viet,
c. 89.

Grant of
1,100,000/. for
loan by Com¬
missioner* of
Public Works
in Ireland
during the
period ending
30th June
1881.

40 & 41 Viet,
c. 27.

42 & 43 Viet,
c. 77.

40 & 41 Viet,
c. 27.

Ch. ]. Public Works Loams Act , 1880. 43 & 44 Vict.

(2.) The Commissioners for the Reduction of the National Debt
may advance any part or parts of the total sum above in
this section mentioned in reduction of the amount which
may be so issued out of the Consolidated Fund;
and such sums may be issued and advanced during the period ending
on the thirtieth day of June one thousand eight hundred and
eighty-one, or on any earlier day at which a further Act granting
money for the purpose of the said loans comes into operation.

The Treasury may, in the manner and subject to the limitations
provided by the Public Works Loans Act, 1875, borrow the sum
authorised by this section to be issued out of the Consolidated
Fund, or any part of that sum.

PART III.

Grant of Money for Public Works Commissioners , Ireland .

6. For the purpose of loans by the Commissioners of Public
Works in Ireland,—

(1.) Any sum or sums, not exceeding in the whole one million
one hundred thousand pounds, may be issued out of the
Consolidated Fund of the United Kingdom, or the growing
produce thereof, in manner provided by Part Two of the
Public Works Loans (Ireland) Act, 1877, as amended by
the Public Works Loans Act, 1879; and

(2.) The Commissioners for the Reduction of the National Debt
may advance any part or parts of the total sum above
in this section mentioned in reduction of the amount
which may be so issued out of the Consolidated Fund;
and such sums may be issued and advanced during the period
ending on the thirtieth day of June one thousand eight hundred
and eighty-one, or on any earlier day on which a further Act
authorising the issue of money for those loans comes into operation.

The Treasury may, in the manner and subject to the limitations
provided by Part Two of the Public Works Loans (Ireland) Act,
1877, borrow the sum authorised by this section to be issued out of
the Consolidated Fund, or any part of that sum.

SCHEDULE.

Proprietors from whom Instalments of Principal and Interest
still remain due referred to in Section 4.

Lots.

Proprietor.

Amount.

£ 8 . d .

W. L. Franklin -----

59 12 10

7, 8, 11,12,

Miss Marcella Burke - ...

152 6 3

13, & 14.

Michael Cloran - - - -

39 16 9

Henry Persse - - ...

26 0 6

17 & 19

Rush and Palmer -

43 3 3

20,21,22,

Revd. A. N. C. McLachlan - - -

55 13 0

& 23.

28, 29, &

Reps, of Sir B. L. Guinness -

18 12 3

30.

9& 10

Commissioners of Public Works, in trust -

1,171 10 0

£1,566 14 10

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1880. Glebe Loan {Ireland) Acts Amendment Act, 1880. Ch. 2,3.

CHAPTER 2.

An Act to amend the Glebe Loan Acts (Ireland).

[29th June 1880.]

W HEREAS by section two of the Glebe Loan (Ireland) Amend¬
ment Act, 1878, it is provided that no loan under the
provisions of the Glebe Loan (Ireland) Acts shall be made after the
thirty-first day of August one thousand eight hundred and eighty,
and it is expedient that the said section should be amended, and that
the time during which loans under the said Acts may be made
should be extended for a further period:

Be it therefore enacted by the Queen’s most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

L This Act may be cited for all purposes as the Glebe Loan
(Ireland) Acts Amendment Act, 1880, and this Act and the Glebe
Loan (Ireland) Acts, 1870 to 1878, may be cited together as the
Glebe Loan (Ireland) Acts.

2. The second section of the Glebe Loan (Ireland) Amendment
Act, 1878, which limits to the thirty-first day of August one
thousand eight hundred and eighty the period during which loans
may be made under the Glebe Loan (Ireland) Acts, is hereby re¬
pealed, and loans may be made under the said Acts until but not
after the thirty-first day of August one thousand eight hundred and
eighty-three.

41 & 42 Viet,
c. 6.

83 & 34 Viet,
c. 112.

84 & 35 Viet,
c. 100.

38 & 39 Viet,
c. 30.

41 & 42 Viet

C. 6.

Short title.

83 * 84 Viet
c. 112.

84 * 35 Viet
c. 100.

88 * 89 Viet,
c. 80.

41 * 42 Viet.
c.6.

Section 2 of
41 & 42 Viet
c. 6. repealed.
S3 *84 Viet,
c. 112.

84 * 85 Viet
c. 100.

88 * 89 Viet
c* 80.

41 * 42 Viet.
c.6.

CHAPTER 3.

An Act to apply the sum of Pour million nine hundred
and twenty-five thousand three hundred and twenty
pounds out of the Consolidated Pund to the service of
the year ending on the thirty-first day of March one
thousand eight hundred and eighty-one.

[29th June 1880.]

Most Gracious Sovereign,

W E, Your Majesty’s most dutiful and loyal subjects, the Com¬
mons of the United Kingdom of Great Britain and Ireland,
in Parliament assembled, towards making good the supply which
we have cheerfully granted to Your Majesty in this session of
Parliament, have resolved to grant unto Your Majesty the sum
herein-after mentioned; and do therefore most humbly beseech
Your Majesty that it may be enacted; and be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and con¬
sent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows:

1. The Commissioners of Her Majesty’s Treasury for the time l8Bue of
being may issue out of the Consolidated Fund of the United King- outofthe
dom of Great Britain and Ireland, and apply towards making good Consolidated
the supply granted to Her Majesty for the service of the year
ending on the thirty-first day of March one thousand eight hundred ^w^ding*

Digitized by

Google

31st March
1881 .

Power to the
Treasury to
borrow.

Short title.

Commence¬
ment of Act

Interpretation
of terms.

Ch. 3,4. Corisolidated Ftmd (No. 1) Act, 1880 (fifes*. 2). 43 & 44 Vier.

and eighty-one the sum of four million nine hundred and twenty-
five thousand three hundred and twenty pounds.

2. The Commissioners of the Treasury may borrow from time to
time on the credit of the said sum, any sum or sums not exceeding
in the whole the sum of four million nine hundred and twenty-
five thousand three hundred and twenty pounds, and shall repay the
moneys so borrowed with interest not exceeding five pounds per
centum per annum out of the growing produce of the Consolidated
Fund at any period not later than the next succeeding quarter to
that in which the said moneys were borrowed.

Any sums so borrowed shall be placed to the credit of the account
of Her Majesty’s Exchequer, and shall form part of the said Con¬
solidated Fund, and be available in any manner in which such fund
is available.

3. This Act may be cited as the Consolidated Fund (No. 1) Act,
1880 (Session 2).

CHAPTER 4.

An Act to provide for the appointment of Judicial Factors
in Sheriff Courts in Scotland. [9th July 1880.]

W HEREAS an Act was passed in the session of the twelfth and
thirteenth years of the reign of Her present Majesty, chapter
fifty-one, intituled “ An Act for the better protection of the pro-
“ perty of pupils, absent persons, and persons under mental incapacity
“ in Scotland

And whereas it is expedient that sheriffs in Scotland should be
empowered to appoint Judicial Factors in cases of estates of small
value:

1. This Act may be cited for all purposes as the Judicial Factors
(Scotland) Act, 1880.

2. This Act shall commence to have effect on the first day of
January one thousand eight hundred and eighty-one, which day is
herein-after referred to as the commencement of this Act.

3. In this Act the following words and expressions shall have the
meanings herein-after assigned to them, unless there be something in
the subject or context repugnant to such construction; that is to
say,

The expression “Judicial Factor” shall mean factor loco tutoris
and curator bonis:

The expressions “Accountant of the Court of Session” or
“ Accountant,” shall mean the Accountant of the Court of
Session appointed under the recited Act:

The expression “ prescribed ” means proscribed by the regulations
which the Court of Session are by this Act authorised to make
from time to time by act of sederunt:

The expression “ Lord Ordinary ” shall mean the Lord Ordinary
in the Court of Session dischaiging the duties of Junior Lord

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Google

1880. Judicial Factm'8 ( Scotland ) Act, 1880. Ch. 4.

Ordinary in time of session, and the Lord Ordinary on the
Bills in the time of vacation:

u Estate" shall include all property and funds, and all rights
heritable and moveable.

4. From and after the commencement of this Act it shall be Sheriff cm-
competent for sheriffs in the several sheriff courts in Scotland, or
for their substitutes, and they are hereby authorised and empowered, chd Factors in
to appoint Judicial Factors in cases of estates the yearly value of 8maU estates,
which (heritable and moveable estate being taken together) does
not exceed one hundred pounds, and every sheriff and sheriff sub¬
stitute respectively shall have and may exercise over and with
regard to Judicial Factors appointed in the sheriff court the same
powers and authorities that under the recited Act either division of
the Court of Session or the Lord Ordinary respectively have and
may exercise under the recited Act over and with regard to Judicial
Factors appointed in the Court of Session; and for the purposes of
this enactment the following provisions shall have effect; that is to

say,

1. Until otherwise prescribed, proceedings for appointment of

Judicial Factors in the sheriff court shall commence by
petition to be presented to the sheriff or sheriff substitute
of the county in which the pupil or insane person is resident,
as nearly as may be in the form in use in ordinary actions
in that court, and shall thereafter be conducted therein as
nearly as may be in the same form and manner in which
proceedings under the recited Act are conducted before the
Lord Ordinary:

2. In estimating the yearly value of the estate the yearly value

of any lands and heritages shall be taken to be the yearly
rent or value of the same as entered in the valuation roll
for the county or burgh in which the same are situated in
force for the time under the provisions of the Act of the
session of the seventeenth and eighteenth years of the reign
of Her present Majesty, chapter ninety-one, and the Acts
amending the same, and the yearly value of any moveable
estate shall be taken to be the amount of the yearly interest
on the estimated value of the same at four pounds per centum
per annum ; and the yearly value of any estate, or any por¬
tion thereof, which cannot be ascertained in either of the
foregoing manners shall be ascertained in such manner as
the sheriff or sheriff substitute shall think fit:

3. Before appointing a Judicial Factor on any estate under the

provisions of this Act the sheriff or sheriff substitute shall
be satisfied, by reasonable evidence adduced before him, that
the yearly value of such estate (heritable and moveable
estate being taken together) does not exceed one hundred
pounds; and in making any such appointment he shall make
a finding in his interlocutor to that effect, which shall be
final; and no such appointment once made shall fall in
respect of it afterwards appearing that such yearly value did
exceed one hundred pounds:

4. Subject to such rules as may from time to time be made by[act

of sederunt as herein after provided, the whole provisions of

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Ch. 4.

Judicial Factors (Scotland) Act , 1880. 43 & 44 Vict.

the recited Act, and any Acts amending the same, and any
acts of sederunt made in terms thereof applicable to Judicial
Factors appointed in the Court of Session shall apply as
nearly as may be to Judicial Factors appointed in the sheriff
court:

5. In all cases of any appeal or reclaiming note being competent

from a determination of the Lord Ordinary in the Court of
Session to a division of the Inner House of that court an
appeal shall be competent in the like cases from a determina¬
tion by a sheriff substitute to the sheriff, and in all cases of
the accountant of the Court of Session being bound to make
any report to the Lord Ordinary in the Court of Session he
shall be bound in the like case to make his report to a sheriff
or sheriff substitute:

6. Until otherwise prescribed, proceedings in the fixing of caution,

in applying for special powers, in the auditing of accounts,
in the exoneration and discharge or removal of Judicial
Factors, and all other proceedings necessary for the manage¬
ment of the estates dealt with .under this Act, shall be taken
in the sheriff court in as nearly as may be the same form and
manner in which the like proceedings are taken before the
Lord Ordinary:

7. It shall be the duty of the accountant, when it appears to him

that there is a diversity of judgment or practice in proceed¬
ings in Judicial Factories in the sheriff courts which it
would be important to put an end to, to report the same to
the first division of the Court of Session, specifying the
proceedings in which such diversity appeared, and asking for
a rule to be laid down to secure uniformity of judgment or
practice in such proceedings, and the Court shall consider such
report, and if they shall see fit shall lay down such a rule
accordingly, which rule the several sheriffs and their substi¬
tutes shall be bound to observe :

8. Decrees in absence shall not be opened up after the elapse of

twelve months :

9. It shall be competent for the sheriff or for the Court of Session,

upon the application of any person interested, to recall any
appointment made under this Act:

10. The decision of the sheriff in all cases under this Act shall
be final, and the decision of the Court of Session in all ap¬
plications for recall of appointments under this Act shall be
final

Power to pass 5. It shall be competent to the Court of Session, and they are
acts of sede- hereby authorised and required, from time to time to pass such acts

runt * of sederunt as shall be necessary or proper for regulating or pre¬

scribing the manner of appointing Judicial Factors in the sheriff
courts, and of finding caution by such Judicial Factors, and the
manner in which such Judicial Factors shall discharge their duties,
and the manner in which the accountant shall discharge his duties,
and the forms of process to be used in pursuance of this Act, and
the manner of verifying by affidavit, declaration, certificate, or
otherwise the sufficiency of the caution offered for Judicial Factors

Digitized by LjOOQle

1880. Judicial Factors (i Scotland) Act , 1880. Ch. 4-6.

in the sheriff courts, and all other matters requisite for more
effectually carrying out the purposes of this Act.

6 . There shall be payable into the fee fund established under the
recited Act, by each estate under charge of a Judicial Factor ap¬
pointed under this Act, such fees as shall from time to time be
authorised by the Court of Session, having due regard to the sums
required for the purposes of this Act, and to the interests of the
estates to be benefited thereby; and out of the said fee fund it shall
be lawful for the Lords Commissioners of Her Majesty’s Treasury
to make such additions as they shall think fit to the salaries of the
accountant and clerks appointed and acting under the recited Act,
and to grant such salary or salaries as shall seem proper to any
other clerk or clerks whom the said Commissioners shall think fit
to appoint for the purposes of this Act.

CHAPTER 5.

An Act to make provision for borrowing in respect of cer¬
tain County Bridges. [19th July 1880.]

B E it enacted by the Queen s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

1. This Act may be cited as the County Bridges Loans Extension
Act, 1880.

2. Where, under section twenty-two of the Highways and Loco¬
motives (Amendment) Act, 1878, the county authority, as defined by
that Act, see fit to make a contribution towards the cost of a bridge
erected as therein mentioned, they may borrow on mortgage of the
county rate all or any part of the amount of such contribution in
the same manner in every respect as if the amount to be borrowed
had been the amount of an estimate made and approved in the
manner mentioned in the Act of the fourth and fifth years of the
reign of Her Majesty, chapter forty-nine, herein-after termed the
principal Act; and all the powers, directions, and provisions of the
principal Act shall extend and apply to the moneys borrowed under
this Act; provided that the sum required for or towards any such
contribution as aforesaid may be borrowed in exercise of the power
hereby conferred, although the same shall not exceed one fourth
of the amount of the ordinary annual assessment in the principal
Act referred to.

3. This Act and the Highways and Locomotives (Amendment)
Act, 1878, shall be construed as one Act.

CHAPTER 6.

An Act to amend the Representation of the People (Scot¬
land) Act, 1868. [19th July 1880.]

\\J HEREAS questions have arisen upon the occupation of houses
* ▼ in counties required by the sixth section of the Representation
of the People (Scotland) Act, 1868 :

Fees payable
by estates
deriving
benefit from
Act.

Short title.

Extension of
power to
borrow under
4 & 5 Viet,
c. 49.

41 & 42 Viet,
c. 77.

Interpretation.

31 & 32 Viet,
c. 48.

Digitized by t^ooQle

Short title.

Letting as
furnished
house for
certain periods
not to dis¬
qualify.

25 & 26 Viet,
c. 103. s. 45.

25 & 26 Viet,
c. 103.

4 & 5 Will. 4.
c. 76.

Short title.

25 & 26 Viet,
c. 103.

27 & 28 Viet,
c. 39.

Application of
25 & 26 Viet,
c. 103. s. 45. to
single parishes
under separate
boards of
guardians.

4 & 5 Will. 4.
c. 76.

25 & 26 Viet,
c. 103.

Extent of Act.
32 & 33 Viet,
c. 67.

C.6,7. HomeOccupiers inCovmtiesDisqtuiUJication(S.) 43&44 Vict.

1. This Act shall be cited for all purposes as the House Occupiers
in Counties Disqualification Removal (Scotland) Act, 1880.

2. From and after the passing of this Act every man shall be en¬
titled to be registered and to vote under the provisions of the said
section, notwithstanding that during a part of the qualifying period,
not exceeding four months in the whole, he shall by letting or other¬
wise have permitted the qualifying premises to be occupied as a
furnished house by some other person.

CHAPTER 7.

An Act to extend the Union Assessment Committee Acts
to single parishes under separate Boards of Guardians.

[19th July 1880.]

TTI^HEREAS under section forty-five of the Union Assessment
** Committee Act, 1862, as amended by subsequent Acts, it is
provided that on the application of the body having the manage¬
ment of the relief of the poor in any union or incorporation under a
Local Act, the Local Government Board may order such union or
incorporation to be included in the Union Assessment Committee
Act, 1862, and it is expedient to make the like provision with
respect to single parishes which are not included in any union of
parishes either under a Local Act or under the Poor Law Amend¬
ment Act, 1834:

Be it therefore enacted by the Queen’s most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

1. This Act may be cited as the Union Assessment Act, 1880,
and together with the Union Assessment Committee Act, 1862, and
the Union Assessment Committee Amendment Act, 1864, may be
cited as the Union Assessment Acts, 1862 to 1880.

2. Section forty-five of the Union Assessment Committee Act,
1862, shall apply to a parish which is not included in a union of
parishes, and in which the relief of the poor is administered by a
board of guardians elected under the Poor Law Amendment Act,
1834, or under any Local Act, in like manner as near as may be as
it applies to any union or incorporation for the relief of the poor
formed under a Local Act, and the Union Assessment Committee
Act, 1862, and the Acts amending the same, shall be construed
accordingly; and in relation to any such single parish the expression
“ common fund ” in the said Acts shall be construed to mean the
money applicable for the relief of the poor.

3. This Act shall not extend to the Metrojndis as defined by the
Valuation (Metropolis) Act, 1869.

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1880.

Idle of Man Loam Act , 1880.

Ch. 8.

CHAPTER 8.

An Act to provide for the raising of Loans on behalf of the
Isle of Man. [19th July 1880.]

W HEREAS improvements in the harbours of the Isle of Man >
and in public works in the Isle of Man, may be effected out
of the revenues mentioned in the First Schedule to this Act, and
loans, on the security of some of those revenues, may be raised
for that purpose by the Isle of Man Harbour Commissioners, with
the approval of the Commissioners of Her Majesty’s Treasury
(in tins Act referred to as the Treasury), and it is expedient to
make further provision respecting loans on the security of the
said revenues and by the said Commissioners:

Be it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:

L This Act may be cited as the Isle of Man Loans Act, 1880. short title.

2. The Government of the Isle of Man may from time to time, power to
with the approval of the Treasury and of the Tynwald Court, borrow Government of
such sums as may be so approved for all or any of the purposes to

following:

(1.) Paying off any incumbrances for the time being chargeable
on any of the revenues mentioned in the First Schedule to
this Act or on any part of the public revenue of the Isle of
Man;

(2.) Effecting improvements in the harbours and other public
works in the Isle of Man; and

(3.) Carrying into effect any public works or public purposes in
the Isle of Man.

3. Sums borrowed under this Act may be borrowed on the Conditions of
security of the revenues mentioned in the First Schedule to this borrowing.
Act, or on any part thereof, without prejudice nevertheless to any
charges previously existing thereon, and may be borrowed by means
of debentures, debenture stock, or annuity certificates, or partly by
one means and partly by another, and, where a sum is borrowed for
the purpose of any work for the purpose of which the Public Works
Loan Commissioners have power under the Public Works Loans ss & 39 Viet.
Act, 1875, to lend, such sum or any part thereof may, if those Com- c - 89 -
missioners think fit to lend it, be lent by those Commissioners and
be borrowed by means of a mortgage to those Commissioners.

Every such loan shall be repaid within twenty years from the
date at which it is borrowed, or. within such further time not
exceeding fifty years as the Treasury and Tynwald Court for special
reasons approve.

4 . The Government of the Isle of Man from time to time shall Appropriation
appropriate, out of the revenues specified in the First Schedule to for payment of
this Act, the sums required to pay the principal and interest of any [erat* 11 * 1 m "
loan borrowed in pursuance of this Act, and provide for the sinking
fund or other redemption fund (if any) and the expenses incurred
in respect of the loan, and shall provide for the payment and ap¬
plication of such sums accordingly,

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Application of
38 & 39 Viet,
c. 83. to loans
under Act.

38 & 39 Viet,
c. 83.

38 & 39 Viet
c. 83.

Power to adopt
40 & 41 Viet
c. 59.

40 & 41 Viet,
c. 59.

Investment by
trustees in
securities of
Government of
Isle of Man.

Ch. 8 . hie oj Man Loans Act , 1880. 43 & 44 Tier.

The Government of the Isle of Man may from time to time
appoint agents for the purposes of issuing, managing, and paying
the principal and interest of any loan borrowed in pursuance of this
Act, and otherwise for the purposes of this Act, or for any of the
above-mentioned purposes, and may pay those agents such remune¬
ration as the Treasury allow.

5. For the purpose of any loan under this Act the following pro¬
visions of the Local Loans Act, 1875, that is to say, sections four
to ten, thirteen to fifteen, seventeen to twenty-five, and twenty-
seven to thirty-four, all inclusive, shall apply as if they were herein
enacted, and the following modifications made therein; that is to
say,

(1.) As if the Government of the Isle of Man, acting with the
approval of the Treasury, were substituted for the local
authority;

(2.) As if all mention of the Local Government Board were
omitted;

(3.) As if this Act were referred to as the Act authorising the
borrowing of money;

(4.) As if section fourteen required interest to be repaid in addition
to instead of out of the fixed annual sum therein men¬
tioned; and

(5.) As if in section twenty-two the Governor were substituted for
two members of the local authority, and the Treasury were
substituted for the Local Government Board ; and

(6.) As if for the purposes of section twenty-five the court meant
the Court of Chancery of the Isle of Man.

The Government of the Isle of Man may, with the approval of the
Treasury and of the Tynwald Court, re-borrow a loan, or any part
thereof, so however that for the purpose of the time within which
the sum re-borrowed is to be repaid and of sections fourteen and
fifteen of the Local Loans Act, 1875, the said loan and the sums
re-borrowed shall be deemed to form the same loan.

The Government of the Isle of Man may, with the approval of the
Treasury, establish a sinking fund.

Where the Government of the Isle of Man appoint an agent for
any purpose of the Local Loans Act, 1875, as incorporated in this
section, anything required to be done by, to, or before the local
authority may, so far as the appointment of the agent allows, be
done by, to, or before the agent.

6 . The Government of the Isle of Man, with the approval of the
Treasury, may provide for the inscription and transfer in a register
kept in the United Kingdom by some bank, officer of the govern¬
ment, or person, of any stock created in pursuance of this Act, and
the Colonial Stock Act, 1877, shall apply in like manner as if the
Isle of Man were a colony within the meaning of that Act.

The declaration required under section one of that Act may be
made by the Governor, and any other thing authorised or required
by the said Act to be done by the government of a colony may be
done by the Governor, acting with the approval of the Treasury.

7. Any trustees or other persons in the Isle of Man for the time
being authorised or directed to invest any moneys in securities in
the Isle of Man, and any trustees or other persons for the time being

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1880.

Isle of Man Loams Act , 1880. Ch. 8 .

authorised or directed to invest any moneys in the securities of the
government of a colony, shall, unless the contrary is provided by
the instrument authorising or directing such investment, have the
same power of investing the said moneys in any securities of the
Government of the Isle of Man under this Act.

8 . All moneys received from any loan under this Act shall be
applied for the purposes for which the loan is raised, or if so autho¬
rised by the Treasury and the Tynwald Court for any other purposes
for which a loan can be raised under this Act, and shall be applied
and accounted for in such manner as the Treasury and the Governor
from time to time direct.

9. Where a loan under this Act is charged on the security of the
dues of any harbour, the dues of such harbour shall be applicable for
the payment of the principal and interest of such loan in like manner
as if the loan had been raised for the improvement of such harbour,
and the enactments relating to such dues shall be construed
accordingly:

Provided that if the dues received from any harbour are charged
under this Act with the principal or interest of any loan or part of a
loan not applied to the improvement of that harbour, the amount so
charged shall be repaid to the credit of the harbour out of the other
revenues mentioned in the First Schedule to this Act.

10. Any approval or other act of the Tynwald Court for the pur¬
poses of this Act may be signified by a resolution of that court.

Anything authorised by this Act to be done by the Government
of the Isle of Man may be done by the Governor, and if a written
document is required, may be done by a document under the hand
of the Governor.

In this Act the expression Governor means the Governor,
Lieutenant-Governor, or Deputy Governor of the Isle of Man for the
time being.

1L The Acts specified in the Second Schedule to this Act are
hereby repealed to the extent in the third column of that schedule
mentioned, without prejudice to anything previously done under any
enactment so repealed, and any loan borrowed in pursuance of any
such enactment and the interest thereon shall remain charged and
payable in like manner in all respects as if the said enactment had
not been repealed.

FIRST SCHEDULE.

Revenues forming Security.

One ninth part of the gross amount of the duties of customs collected
in the Isle of Man, which under the Isle of Man Customs, Harbours, and
Public Purposes Act, 1866, is directed to be applied by the Treasury in
effecting improvements in the harbours and other public works in the
Isle of Man.

Two ninth parts of the gross amount of the duties of customs of the Isle
of Man, which in pursuance of the said Act are authorised to be charged
with loans for the purpose of effecting improvements in the harbours in
the Isle of Man.

Such surplus of the customs revenue of the Isle of Man, after paying the
charges thereout, as is applicable for the ( public purposes of the Isle of
Man.

The dues received in any of the following harbours, namely, Port Erin
or any harbour under the Isle of Man Harbours Act, 1874.

Application of
loans.

Provision as
to the loans on
dues of har¬
bours.

Provision as
to Tynwald
Court and
Governor.

Repeal of Acts.

See

29 & 80 Viet,
c. 28. (. 5.

See

29 & 80 Viet,
c. 23. s. 6.

29 & 80 Viet,
c. 23. 88. 8, 9.
26 & 27 Viet,
c. 86.

37 & 38 Viet,
c. 8.

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14 Ch. 8-10. Isle of Man Loam Act, 1880. 43 & 44 VlCT.

SECOND SCHEDULE.

Enactments Repealed.

26 & 27 Viet. c. 86.

The Isle of Man Harbours
Act, 1863.

Section four.

29 & 30 Viet. c. 23.

The Isle of Man Customs,
Harbours, and Public Pur¬
poses Act, 1866.

Section six, from “and it
shall be lawful for the said
harbour commissioners ”
inclusive to the end of
the section.

35 & 36 Viet. c. 23.

The Isle of Man Harbours

Act, 1872

Section twenty, so far as it
refers to the fifth section
of the Isle of Man Cus¬
toms, Harbours, and

Public Purposes Act, 1866.

37 & 38 Viet. e. 8.

The Isle of Man Harbours
Act, 1874

Section seven.

Meaning of
expression!*
relating to
time.

Short title.

CHAPTER 9.

An Act to remove doubts as to the meaning of Expressions
relative to Time occurring in Acts of Parliament, deeds,
and other legal instruments. [2nd August 1880.]

W HEREAS it is expedient to remove certain doubts as to
whether expressions of time occurring in Acts of Parliament,
deeds, and other legal instruments relate in England and Scotland
to Greenwich time, and in Ireland to .Dublin time, or to the mean
astronomical time in each locality:

Be it therefore enacted by the Queen’s most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows; (that is to say,)

1 , Whenever any expression of time occurs in any Act of Parlia¬
ment, deed, or other legal instrument, the time referred shall, unless
it is otherwise specifically stated, be held in the case of Great Britain
to be Greenwich mean time, and in the case of Ireland, Dublin mean
time.

2. This Act may be cited as the Statutes (Definition of Time)
Act, 1880.

CHAPTER 10.

An Act to amend the Law respecting the Manner of passing
Grants under the Great Seal, and respecting Officers
connected therewith. [2nd August 1880.]

Short title. L This Act may be cited as the Great Seal Act, 1880.

Commence- 2. This Act shall come into operation on the first day of November

ment of Act. one thousand eight hundred and eighty, which day is in this Act
referred to as the commencement of this Act.

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1880. Great Seal Act , 1880. Ch. 10,11 . 15

3. After the commencement of this Act every warrant for the Preparation of
passing of Letters Patent under the Great Seal of the United
Kingdom which is required by the Great Seal Act, 1851, to be Crown in
prepared by Her Majesty’s Attorney and Solicitor General for the Chancery in
time being, or one of them, shall be prepared by the Clerk of the

Crown in Chancery and not by the Attorney or Solicitor General, citor General,
All records, documents, and papers which are in the possession or 14 & 15 vict -
under the control of Her Majesty’s Attorney and Solicitor General c * 82 ‘
or either of them, or any of their officers, and relate to the prepara¬
tion of warrants for the passing of Letters Patent under the Great
Seal, shall upon the commencement of this Act be transferred to
the Clerk of the Crown in Chancery.

4. Whereas by the Supreme Court of Judicature Act, 1875, and

the Appellate Jurisdiction Act, 1876, ordinary judges of Her Majesty’s pftentVo™
Court of Appeal are to be appointed by Her Majesty by Letters appointment
Patent, but no provision is made respecting the mode of passing of

such Letters Patent: Be it therefore enacted as follows: Appeal!

The Letters Patent for appointing an ordinary judge of Her 38 & 39 Vict.
Majesty's Court of Appeal shall be passed in the same manner in ^ 7 J‘ 40 yict
which Letters Patent for appointing the judges of Her Majesty’s c# 59>

High Court of Justice are passed under the Great Seal.

5. In the case of Letters Patent for inventions granted before Filing of in-
or after the passing of this Act, all instruments required to be filed

in the office of the Great Seal Patent Office shall be deemed so filed Patent? for
if filed in the office of the Commissioners of Patents for Inventions, inventions.

6. The Act of the session of the fourteenth and fifteenth years Act
of the reign of Her present Majesty, chapter eighty-two, intituled

“ An Act to simplify the forms of appointment to certain offices, cited as the
“ and the manner of passing grants under the Great Seal,” is in Great Seal Act,
this Act referred to and may be cited as the Great Seal Act, 1851. 1851,

CHAPTER 11.

An Act to authorize the Extension and further Limitation
of the Tenures of certain University and College Emolu¬
ments limited or to be limited by Orders of the Oxford
and Cambridge Commissioners. [2nd August 1880.]

W HEREAS by the thirty-third section of the Universities of 40 & 41 vict.

Oxford and Cambridge Act, 1877, it is enacted that the c * 48 -
Commissioners (meaning the two bodies of Commissioners therein
named respectively) may, if they think fit, by writing under their
seal from time to time authorize and direct the University (meaning
the University of Oxford or Cambridge, as the case may be) or
any College or Hall to suspend the election or appointment to or
limit the tenure of any emolument therein mentioned, for a time
therein mentioned, within the continuance of the powers of the
Commissioners as then ascertained, and that the election or ap¬
pointment thereto or tenure thereof shall be suspended or limited
accordingly:

And whereas the powers of the Commissioners were by the said
Act to continue until the end of the year one thousand eight
hundred and eighty, and no longer, but it was enacted that it

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Short title.

Interpretation
of terms.

40 & 41 Viet,
c. 48.

Ch. 11 . Universities of Oxford, &c. (Limited Tenures). 43 & 44 Vicr.

should be lawful for Her Majesty the Queen from time to time,
with the advice of Her Privy Council, on the application of the
Commissioners, to continue the powers of the Commissioners for
such time as Her Majesty might think fit, but not beyond the end
of the year one thousand eight hundred and eighty-one:

And whereas by Orders in Council dated respectively the twenty-
fourth day of March and the twenty-eighth day of April one
thousand eight hundred and eighty Her Majesty was pleased to
continue the powers of the Commissioners until the end of the
year one thousand eight hundred and eighty-one :

And whereas before the making of the said Orders in Council the
University of Oxford Commissioners by certain writings under
their seal directed that the tenure of certain emoluments mentioned
in such writings respectively should be limited until the thirty-first
day of December one thousand eight hundred and eighty, being
a time within the continuance of the powers of the Commissioners
as then ascertained; and the University of Cambridge Commis¬
sioners, on the fourteenth day of March one thousand eight hun¬
dred and seventy-eight, by certain other writings under their seal
authorized and directed the University of Cambridge and every
College therein to limit until the same thirty-first day of December
one thousand eight hundred and eighty, the tenure of all emolu¬
ments which then were or should become vacant, and to which the
said University or any of the said colleges should elect or appoint
between the said fourteenth day of March one thousand eight
hundred and seventy-eight and the thirty-first day of December
one thousand eight hundred and eighty:

And whereas it was the intention of the said Commissioners
respectively that the tenure of such emoluments so limited by them
respectively should be prolonged by statutes to be made under the
powers of the said Act so that the same might continue to be held
after the thirty-first day of December one thousand eight hundred
and eighty, upon such terms and conditions as should be in such
statutes contained ; but no such statutes can now be made so as to
take effect before the said thirty-first day of December one thousand
eight hundred and eighty :

And whereas it is expedient that the said Commissioners should
be enabled to extend the tenure of emoluments which are now held
on tenures so limited by them as herein-before mentioned:

L This Act may be cited as the Universities of Oxford and
Cambridge (Limited Tenures) Act, 1880.

2. In this Act—

“ The Commissioners ” mean the Commissioners acting under the
Universities of Oxford and Cambridge Act, 1877, and the pro¬
visions of this Act shall apply to each of the two bodies of
Commissioners separately;

The University ” means the University of Oxford or that of
Cambridge, as the case shall require ;

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1880. Universities of Oxfwd, &c.{Limited Tenures)Act } 1880. C. 11,12.

“ Emolument ” means any University or College emolument

within the meaning of the Universities of Oxford and Cam- 40 & 41 Viet
bridge Act, 1877. c * 48 ’

3. Where the Commissioners have by writing under their seal Power to
authorized or directed the University or any College or Hall to £*t<^nmited
limit the tenure of any emolument for a time therein mentioned, University and
and such emolument is at the time of the passing of this Act held College emolu-
on the tenure so limited, the Commissioners may, if they think fit, ment8#

by writing under their seal direct that the tenure of the said emolu¬
ment shall be extended for a further time within the continuance
of their powers as ascertained at the time of the sealing of such
last-mentioned writing; and in every such case the holder of the
emolument shall be entitled to continue to hold it during the ex¬
tended period on the same terms and in the same manner as if such
extended period had been the period of tenure fixed by the original
limitation.

4. The Commissioners may also, if they think fit, from time to Limited emolu-
time by writing under their seal, direct that the tenure of any Sections
emolument which may have been limited by them under the said may be made
recited Act or this Act shall be further extended, or that any subject to
new election or appointment to any University or College emolu- future 8tatutes *
ment after the passing of this Act shall be made and take effect,

subject in each case to the condition that the person whose tenure
is so limited, or who shall be so elected or appointed, shall, from
and after the approval by Her Majesty in Council of any new
statutes which may be made by the Commissioners in relation to
such emolument, hold the same subject and according to the pro¬
visions of such new statutes (including any provision relating par¬
ticularly to the person whose tenure is so limited or who shall be
so elected or appointed), and such emolument shall be tenable
accordingly.

CHAPTER 12.

An Act to continue certain Turnpike Acts, and to repeal
certain other Turnpike Acts; and for other purposes
connected therewith. [2nd August 1880.]

TXT HERE AS it is expedient to continue for limited times some
▼ ▼ of the Acts herein-after specified, and to repeal others:

1. The Acts specified in the first schedule annexed hereto shall Schedule l.
be repealed on and after the dates specified in each instance.

2. The Acts specified in the second schedule annexed hereto Schedule 2.
shall expire on the first day of November one thousand eight hun¬
dred and eighty.

3. The Acts specified in the third schedule annexed hereto shall Schedule 3.
continue in force until the dates specified in each instance, and no
longer.

4. The Acts specified in the first and second columns of the Schedule 4.
fourth schedule annexed hereto shall, to the extent specified in the

[the law report*.] B

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Schedule 5.

Schedule 6.

Continuance of
all other Turn¬
pike Acts.

Extent of Act.
Short title.

Ch. 12. Annual Turnpike Ads Continuance Ad, 1880. 43 & 44 V icr.

third column thereof, as from the dates specified in tire fourth
column thereof, be subject to the modifications specified in the fifth
column thereof, and shall, to the same extent, as so modified, con¬
tinue in force until the date specified in the sixth column thereof,
and no longer.

5. The Acts specified in the fifth schedule annexed hereto shall
continue in force until the first day of November one thousand
eight hundred and eighty-one, and no longer, unless Parliament
in the meantime otherwise provides.

6 . The Acts specified in the sixth schedule annexed hereto shall
be repealed on and after the first day of November one thousand
eight hundred and eighty-one, unless Parliament in the meantime
otherwise provides, 'due regard being had in each case to local
requirements, and to the special circumstances of the trust.

7. Such provisions, if any, of the said Acts mentioned in the
said schedules as are not affected by the preceding sections, and
all other Acts now in force for regulating, making, amending, or
repairing any turnpike road which will expire at or before the
end of the next session of Parliament, shall continue in force
until the first day of November one thousand eight hundred and
eighty-one, and to the end of the then next session of Parliament,
unless Parliament in the meantime otherwise provides; but this
section shall not affect any Act continued to a specified date and no
longer.

8. This Act shall not apply to Scotland or Ireland.

9. This Act may be cited for all purposes as the Annual Turn¬
pike Acts Continuance Act, 1880.

SCHEDULES.

SCHEDULES 1 to 4.

County.

Name of Trust.

No. of
Schedule.

No. of Act

Chester

Stockport and Warrington and Wash way United -

13, 16

Cornwall

Hayle Bridge Causewav - - -

Launceston ------

Derby -

Derby and Burton-upon-Trent -

Devon -

Barnstaple ------

Great Torrington -----

Gloucester -

Huntley Roads ------

, 8

Hants -

Andover and East I Isley -

Southampton, South District -

Herts -

Reading and Hatfield -

Lancaster

Blackburn and Walton Cop -

Rochdale and Burnley -

Northumber¬

land.

Elsdon and Reed water -

Surrey -

Horsham and Dorking - -

Anglesey

Beaumaris and Menai Bridge -

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1880. Annual Turnpike Acts Continuance Act, 1880. Ch. 12.

FIRST SCHEDULE. Section 1.

Acts which arc to be repealed on and after the dates specified in each instance.

Date of Act.

Title of Act.

27 & 28 Viet. c. xliii. -
Limited to expire at
end of session
after 29 th Septem¬
ber 1885.

30 Viet. c. xxxiv.
Limited to expire at
end of session
after 1st January
1882.

1. An Act to repeal an Act for repairing the road from the present turn¬
pike road in the parish of Hursley, in the county of Southampton,
to Andover, and from thence to Newbury, and from Newbury to
Chilton Pond, in the county of Berks, and for granting more effectual
powers in lieu thereof; which shall be repealed on and after the 29 th
of September 1880.

2. An Act to repeal an Act passed in the fifth year of the reign of His
late Majesty King William the Fourth, intituled “ An Act for more
“ effectually repairing the Launceston turnpike roads, and making cer-
“ tain additional roads,” and to make other provisions in lieu thereof,
and for other purposes; which shall be repealed on and after the 1 st of
September 1880.

SECOND SCHEDULE. Section 2.

Acts which are to continue in force until the 1st of November 1880,

and no longer.

Date of Act.

Title of Act.

1 & 2 G. 4. c. xciii. -

3. An Act to continue the term and alter and amend the powers of
two Acts for repairing the road from Elsdon High Cross, near the
town of Elsdon in the county of Northumberland, to the Red Swyre
upon the mid-border betwixt England and Scotland.

7 W. 4. c. vi.

4. An Act for repairing,, maintaining, and improving the road from
the town of Rochdale to near Hand Bridge, near the town of Burnley,
and other roads communicating therewith, and for making and main¬
taining other roads, also to communicate therewith, all in the county
palatine of Lancaster.

21 & 22 Viet. c. xlix.

5. An Act for repairing and maintaining the road from Horsham, in
the county of Sussex, through Dorking and Leatherhead to Epsom,
in the county of Surrey, and from Capel to Stone Street at Ockley,
in the said county of Surrey.

28 Viet. c. lxxx.

6. An Act for more effectually maintaining and repairing several roads
adjoining or near to the town of Great Torrington, in the county of
Devon; and for new powers; and for other purposes.

/. An Act to repeal an Act passed in the fourth year of the reign of
Her present Majesty Queen Victoria, intituled “ An Act for repairing
“ several roads leading from the town of Barnstaple, in the county
" of Devon, and for making several new lines of road connected
“ therewith,” and to grant more effectual powers in lieu thereof; to
convert into turnpike road portions of existing roads; and for other

nimnnona

28 & 29 Viet. & clxiii.

29 & 30 Viet. c. c.

purposes.

8. An Act to continue the Huntley, Mitcheldean, and Elton Turnpike
Roads Trust, in the counties of Gloucester and Hereford; and for
other purposes.

B 2

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Ch.12. Annual Turnpike Acts Continuance Act, 1880. 43 & 44 Vict.

THIRD SCHEDULE.

Acts which are to continue in force until the dates specified in each instance,

and no longer.

Date of Act

Title of Act

4 G. 4. c. xv. -

9. An Act for repairing and improving the roads from the town of
Stockbridge to the city of Winchester, and from the said city of
Winchester to the top of Stephen’s Castle Down, near the town of
Bishop's Waltham, in the county of Southampton, and from the
said city of Winchester through Otterborne to Bar Gate in the town
and county of the town of Southampton, and certain roads adjoin¬
ing thereto; which , so far as the same relates to the south district
of the Southampton Road , shall continue in force until the 1 st of
November 1885, and no longer.

9 G. 4. c. xxxiii.

10. An Act for making and maintaining a road from the town of
Beaumaris to join the London and Holyhead Post Road at or near to
the Menai Bridge, all in the county of Anglesey; which shall continue
in force until the 1st of November 1885, and no longer.

:22 & 23 Vict. c. xi. -

11. An Act for the Reading and Hatfield turnpike roads in the counties
of Berks, Bucks, Oxford, and Hertford; which shall continue in force
until the 7th of November 1881, and no longer .

Section 4. FOURTH SCHEDULE.

Acts which are to continue in force until the dates specified in each instance,
and no longer, subject to modifications.

Date of Act.

Title of Act.

Extent to
which Act is
modified and
continued.

Dates from
which Modifi¬
cations are
to commence.

6 .

Modifications.

Dates up to
which Con¬
tinuation is
enacted.

58 G. 3.

12. An Act for more effec- 1

The entire

1 November

Amount expended

1st of No-

c. xxxvi.

tually repairing and im¬
proving the road from the
west end of the town of
Bnrton-upon-Trent, in the
county of Stafford, through
the said town, to the south
end of the town of Derby,
in the county of Derby.

Act.

1880.

in repair of roads
to be not less than
450/. per annum.
No interest payable.

vember
1884, and
no longer.

7&8G.4.

13. An Act for more effec¬

The entire

1 November

The road from New¬

1st of No-

c. xcv.

tually repairing and other¬
wise improving the road
from Crossford Bridge, in
the county palatine of
Lancaster, to Altrincham,
in the county palatine of
Chester.

Act.

1880.

bridge Hollow to
Agden to cease to
belong to the trust.

vember
1885, and
no longer.

11 G. 4.

14. An Act for more effec¬

The entire

1 November 1 Not less than 300/.

25thofMarch

C* XXXV.

tually repairing the road
from Blackburn to Walton
Cop, within Walton-in-le-
Dale, in the county of Lan¬
caster.

Act.

1880.

] to be expended in

1 repair of roads
between the 1st
of November 1880
and the 25th of
March 1881.

No interest payable.

1881, and
no longer.

Digitized by LjOOQle

18S0. Annual Turnpike Ads Continuance Ad, 1880. Ch. 12.

1 .

Date of Aot.

Title of Act.

Extent to
which Act is
modified and
continued.

Dates from
which Modifi¬
cations are
to commence.

Modifications.

! 6.

' Dates up to
which Con¬
tinuation is
enacted.

7 W.4.c.ii.

15. An Act for maintaining
the causeway and turnpike
road from Grigg’s Quay,
in the parish of Uny Lelant,
over Hayle river and
sands, and through Hayle
Fonndery, in the county of
Cornwall, and for extending
the said turnpike road
from the western end of
the said causeway towards
Penzance.

The entire
Act.

1 November
1880.

No larger rates of
toll to be taken than
those now levied.
No interest payable.

1st of No¬
vember
1885, and
no longer.

19&20Vict

16. An Act for more effec¬

The entire

1 November

The road from New¬

1st of No¬

c. lxvi.

tually repairing certain
roads in the county of
Chester, of which the short
title is a Stockport and
Warrington Road Act,
1856.”

Act.

1880.

bridge Hollow to
Agden to cense to
belong to the trust.

vember
1885, and
no longer.

FIFTH SCHEDULE. Section 5.

Acts which are to continue in force until the 1st of November 1881, and no longer,
unless Parliament in the meantime otherwise provides.

County.

Name of Trust.

No. of Act.

Chester

Congleton and Buxton

Derby

Haddon and Bentley

•

Lancaster -

Haslingden and Todmorden

•

■

“

Date of Act.

Title of Act.

20 & 21 Viet. c. cxliv.

28 & 29 Viet. c. ccvii.

29 Viet. c. lvi. -

1. An Act for repairing the road from Haslingden to Todmorden, and
several branches therefrom, all in the county palatine of Lancaster;
and for other purposes.

2. An Act for repairing the road from the Guide Post below Haddon
out of the Bakewell turnpike road into the Bentley and Ashbourne
turnpike road, in the county of Derby; and for otber purposes.

3. An Act to extend the term and amend the provisions of an Act for
repairing, amending, and maintaining the road from Congleton, in
the connty of Chester, to a branch of the Leek turnpike road at
Thatchmarsh Bottom, in the parish of Hartington, in the county of
Derby, and from the Lowe to the Havannah Mills, in the said county
of Chester.

Digitized by LaOOQle

Ch.12,13 Annual Turnpike ActsCon*}nuance Acf,18S0. 43&44Yict.
Section 6 . SIXTH SCHEDULE.

Acts which are to be repealed on and after the 1st of November 1881, unless
Parliament in the meantime otherwise provides, due regard being had in each
case to local requirements, and to the special circumstances of the Trust.

County.

Name of Trust.

No. of Act.

Chester

Manchester and Wilmslow - - - - - 1

Cornwall -

Saltash -------

Cumberland

Carlisle and Eamont Bridge, Southern Division

1 1

Derby

| Ashbourne, Sudbury, and Yoxall Bridge - - -

! a

Date of Act.

Title of Act.

22 & 23 Viet. c. xxv. 1. An Act to repeal an Act passed in the eleventh year of the reign of
Limited to expire at end King George tne Fourth, chapter one hundred and ten, intituled “ An

of session after 1 8th “ Act for more effectually repairing the road from Carlisle to Penrith,

August 1882. “ and from Penrith to Eamont Bridge, in the county of Cumber-

“ land,” and to make other provisions in lieu thereof; so far as the
same relates to the southern division of the road.

24 & 25 Viet. c. lxxv. 2. An Act for the Manchester and Wilmslow turnpike roads, in the
Limited to expire at end counties palatine of Lancaster and Chester.
of session after 28th
June 1882.

26 & 27 Viet. c. xcviii. 3. An Act to repeal an Act passed in the eleventh year of the reign
Limited to expire at end of His late Majesty King George the Fourth, intituled “ An Act for

of session after 29 th “ repairing, altering, and improving the roads from Ashbourne to

June 1888. “ Sudbury, and from Sudbury to Yoxall Bridge, and from Hatton

“ Moor to Tutbury, and from Uttoxeter to or near the village of
" Draycott-in-the-Clay, and from Hadley Plain on the late forest or
“ chase of Need wood to Callingwood Plain on the same late forest
“ or chase,” and to make other provisions in lieu thereof; so far
as the same relates to the Sudbury district of the roads .

29 & 30 Viet. c. cix. - 4. An Act to repeal an Act passed in the third year of the reign of His

Limited to exjiire at end Majesty King William the Fourth, intituled “ An Act for more effectu-

of session after 1st “ tually repairing and improving several roads in the counties of

November 1881. “ Cornwall and Devon, leading to the borough of Saltash, in the

“ county of Cornwall, and for making a new branch and deviations
“ of roads to communicate therewith,” and for granting more effectual
powers in lieu thereof.

Information
concerning
birth to be
given to

CHAPTER 13.

An Act to amend the Law in Ireland relating to the Regis-
tration of Births and Deaths. [2nd August 1880.]

W HEREAS it is expedient to amend the Acts relating to the
registration of births and deaths in Ireland:

Registration of Births .

1, In the case of every child born alive after, or whose birth has
not been registered previous to the commencement of this Act, it
shall be the duty of the father and mother of the child, and in default

Digitized by CaOOQLe

1880. Births and Deaths Registration Act {Ireland)y 1880. Ch. 13.

of the father and mother, of the occupier of the house in which to his registrar within
knowledge the child is born, and of each person present at the birth, fort J-** 0 days,
and of the person having charge of the child, to give to the registrar,
within forty-two days next after such birth, information of the par¬
ticulars required to be registered concerning such birth, and in the
presence of the registrar to sign the register.

2. Where a birth has, from the default of the parents or other Requisition by

persons required to give information concerning it, not been duly
registered, the registrar may, at any time after the end of forty-two concerning
days from such birth, by notice in writing, require any of the persons birtb from
required by this Act to give information concerning such birth to after

attend personally at the registrar’s office, or at any other convenient forty-two days,
place appointed by the registrar within his district, within such

time (not less than seven days after the receipt of such notice, and
not more than three months from the date of the birth) as may be
specified in such notice, and to give information, to the best of such
person’s knowledge and belief, of the particulars required to be
registered concerning such birth, and to sign the register in the
presence of the registrar ; and it shall be the duty of such person,
unless the birth is registered before the expiration of the time
specified in such requisition, to comply with such requisition.

3. In case any living new-born child is found exposed it shall be Information
the duty of any person finding such child, and of any person in

whose charge such child may lie placed, to give, to the best of his bom child to
knowledge and belief, to the registrar, within seven days after the be ^ ven
finding of such child, such information of the particulars required to regl8trar ‘
be registered concerning the birth of such child as the informant
possesses, and in the presence of the registrar to sign the register.

4. It shall be the duty of the registrar to inform himself carefully Duty of regig-
of every birth which happens within his district, and upon receiving, ^'^ )a ? < ^ ain
personally, from the informant at any time within three months birth gratis^
from the date of the birth of any child, or the finding of any living
new-born child, information of the particulars required to be regis¬
tered concerning the birth of such child, forthwith, in the prescribed

form and manner, to register the birth and the said particulars (if
not previously registered), without fee or reward from the informant.

5. After the expiration of three months next after the birth of Registry after
any child, whether bom before or after the commencement of this ^^onths
Act, a registrar shall not register such birth except as in this from birth,
section provided ; that is to say, in case the birth of any child has

not been registered in accordance with the principal Act the registrar
may, after three and not later than twelve months next after the
birth, by notice in writing, require any of the persons required by
this Act to give information concerning the birth to attend person¬
ally at the register office within such time (not less than seven days
after the receipt of the notice, and not more than twelve months
after the date of the birth) as may be specified in the notice and to
produce a solemn declaration (Form A., Schedule 3), made before a
justice of the peace, according to the best of the declarant’s know¬
ledge and belief, of the particulars required to be registered con¬
cerning the birth, and sign the register in the presence of the
registrar; and upon any of the said persons attending before a
registrar, whether in pursuance of a requisition or not, and producing

Digitized by t^ooQle

Registry of
birth out of
the district
in case of
removal.

Saving for
father of
illegitimate
child.

Registration of
name of child
or of alteration
of name.

Ch. 13. Births and Deaths Regirtratioi} Act (/.), 1880. 43 & 44 V ICT.

such a declaration as aforesaid, and giving information concerning
the birth, the registrar shall then and there register the birth
according to the information of the declarant, and both the registrar
and declarant shall sign the entry of the birth, and the registrar
shall forward such declaration to the superintendent registrar
together with the quarterly returns.

After the expiration of twelve months next after the birth of any
child that birth shall not be registered except with the written
authority of the Registrar General for registering the same, and ex¬
cept in accordance with the prescribed rules, and the fact of such
authority having been given shall be entered in the register.

Every person who registers or causes to be registered the birth of
any child in contravention of this section shall be liable to a penalty
not exceeding ten pounds.

6. Any person required by this Act to give information con¬
cerning a birth, who removes before such birth is registered out of
the district in which such birth has taken place, may, within three
months after such birth, give the information by making and
signing, in the presence of the registrar of the district in which he
resides, a declaration in writing (Form B., Schedule 3) of the par¬
ticulars required to be registered concerning such birth ; and such
registrar, on payment of the appointed fee, shall receive and attest
the declaration, and send the same to the registrar of the district in
which the birth took place ; and the last-mentioned registrar shall,
in the prescribed manner, enter the birth in the register, and the
registrar shall state in the informant’s column of the entry that
the information was obtained from a declaration, and the entry so
made shall be deemed, for the purposes of the principal Act, to
have been signed by the person who signed the declaration, and
the registrar shall forward such declaration to the superintendent
registrar with the quarterly returns.

A person making a declaration in pursuance of this section in
the case of any birth shall be deemed to have complied with the
provisions of this Act as to giving information concerning that
birth, and with any requisition of the registrar made under this
Act within the said three months to attend and give information
concerning that birth.

7. In the case of an illegitimate child no person shall, as father
of such child, be required to give information under this Act con¬
cerning the birth of such child, and the registrar shall not enter in
the register the name of any person as father of such child, unless
at the joint request of the mother and of the person acknowledging
himself to be the father of such child, and such person shall, in such
case, sign the register, together with the mother.

8 . When the birth of any child has been registered and the name,
if any, by which it was registered is altered, or if it was registered
without a name, when a name is given to it, the parent or guardian
of such child, or other person procuring such name to be altered or
given, may, within twelve months next after the registration of the
birth, deliver to the registrar or superintendent registrar such cer¬
tificate as herein-after mentioned, and the registrar or superintendent
registrar, upon the receipt of that certificate, and on payment of the
appointed fee, shall, without any erasure of the original entry,

Digitized by LjOOQle

1880. Births and Deaths Registration Act {Ireland), 1880. Ch. 13.

forthwith enter in tbe proper column of the entry in the register
book the name mentioned in the certificate as having been given
to the child, and having stated upon the certificate the fact of such
entry having been made shall forthwith send the said certificate
through the post office to the Registrar General, who shall, if the
birth has been already included in the quarterly return, add the
name to the certified copy in his office, and such addition to the
entry shall be held to be as good as if part of the original entry.

The certificate shall be in the Form A. or B. in the First Schedule
hereunto annexed, and shall be signed by the minister or person
who performed the rite of baptism upon which the name was given
or altered, or if the child is not baptised shall be signed by the
father, mother, or guardian of the child, or other person procuring
the name of the child to be given or altered.

Every minister or person who performs the rite of baptism shall
deliver the certificate required by this section, on demand, on pay¬
ment of a fee of one shilling.

The provisions of this section shall apply with the prescribed
modifications in the case of births at sea, of which a return is sent to
the Registrar General of Births and Deaths in Ireland.

Registration of Deaths.

9 . The death of every person dying in Ireland after the com- Registry of
mencement of this Act, and the cause of such death, shall be ®“ dcause
legistered by the registrar in the manner directed by the principal 0 eat

Act and this Act.

10 . When a person dies in a house after the commencement of information
this Act it shall be the duty of the nearest relatives of the deceased concerning
present at the death, or in attendance during the last illness of the dw^sed dies
deceased, and in default of such relatives, of every other relative in a house,
of the deceased dwelling or being in the same district as the deceased,

and in default of such relatives of each person present at the death,
and of the occupier of the house in which, to his knowledge, the
death took place, and in default of the persons berein-before in this
section mentioned, of each inmate of such house, and of the person
causing the body of the deceased person to be buried, to give, to the
best of his knowledge and belief, to the registrar, within the five
days next following the day of such death, information of the par¬
ticulars required to be registered concerning such death, and in the
presence of the registrar to sign the register.

U. Where a person dies in a place which is not a house, or a dead Information
body is found elsewhere than in a house, it shall be the duty of concer ning
every relative of such deceased person having knowledge of any d^^d^
of the particulars required to be registered concerning the death, and not in a house,
in default of such relative, of every person present at the death, and
of any person finding, and of any person taking charge of the body,
and of the person causing the body to be buried, to give to the
registrar, within the five days next after the death or the finding,
such information of the particulars required to be registered con¬
cerning the death as the informant possesses, and in the presence of
the registrar to sign the register.

12 . If a person required to give information concerning any deaths Notice pre-
sends to the registrar a written notice of the occurrence of the death, Hmioary to

information.

Digitized by CjOOQle

Ch. 13. Births and Deaths Registration Act (/.), 1880. 43 & 44 Vict.

accompanied by such medical certificate of the cause of the death as
is required by this Act to be delivered to a registrar, the infor¬
mation of the particulars required by the principal Act to be
registered concerning the death need not be given within the said
five days, but shall, notwithstanding such notice, be given within
fourteen days next after the day of the death by the person giving
such notice, or some other person required by this Act to give the
information.

Requisition by

registrar of

information

concerning

death from

qualified

informant.

Duty of regis¬
trar to register
death gratis.

13 . Where any death has from the default of the persons required
to give information concerning it not been registered, the registrar
may, at any time after the expiration of fourteen days, and within
twelve months from the day of such death, or from the finding of
the dead body elsewhere than in a house, by notice in writing,
require any person required by this Act to give information con¬
cerning such death to attend personally at the registrars office, or at
any other place appointed by the registrar within his district, within
such time (not less than seven days after the receipt of the notice,
nor more than twelve months after the death or finding of the dead
body,) as may be specified in the notice, and to give the said infor¬
mation to the best of the informant’s knowledge and belief, and to
sign the register in the presence of the registrar; and it shall be
the duty of such person, unless the death is registered before the
expiration of the time specified in the requisition, to comply with
the requisition.

14 . It shall be the duty of the registrar to inform himself
carefully of every death which happens within his district, and upon
receiving personally from the informant at any time within twelve
months after the date of any death, or of the finding of any dead
body, information of the particulars required to be registered con¬
cerning the death from any person required by this Act to give the
same, forthwith in the prescribed form and manner to register the
death, and the said particulars (if not previously registered), with¬
out fee or reward from the informant.

Death not to be 15 . After the expiration of twelve months next after any death,

registered after or the finding of any dead body elsewhere than in a house,
“ * that death shall not be registered except with the written authority
of the Registrar General for registering the same, and except in
accordance with the prescribed rules, and the fact of such authority
having been given shall be entered in the register.

Every person who registers or causes to be registered any death
in contravention of this section shall be liable to a penalty not
exceeding ten pounds.

Furnishing of 16 . Where an inquest is held on any dead body the jury shall
information by inquire of the particulars required to be registered concerning the
coroner. death, and the coroner shall send to the registrar, within five days
after the finding of the jury is given, a certificate under his hand,
giving information concerning the death and specifying the finding
of the jury with respect to the said particulars, and to the cause of
death, and specifying the time and place at which the inquest was
held, and the registrar shall, in the prescribed form and manner,
enter the death and particulars, and the registrar shall state in such
entry that the information was received from the coroner.

Where an inquest is held on any dead body no person shall, with

Digitized by t^ooQle

1880. Births and Deaths Registration Ait (Ireland), 1880. Ch. 13.

respect to such dead body or death, be liable to attend upon a
requisition of a registrar, or be subject to any penalty for failing to
give information in pursuance of any other provision of this Act.

Burials .

17. A coroner upon holding an inquest on any body may, if he
thinks fit, by order under his hand, authorise the body to be buried
before registry of the death, and shall give such order to the relative
of the deceased or other person who causes the body to be buried, or
to the undertaker or other person having charge of the funeral; and,
except upon holding an inquest, no order, warrant, or other docu¬
ment for the burial of any body shall be given by the coroner.

The registrar upon registering any death, or upon receiving a
written notice of the occurrence of a death, accompanied by a
medical certificate as is before provided by this Act, shall forthwith,
or as soon after as he is required, give, without fee or reward, either
to the person giving information concerning the death or sending
the requisition or notice, or to the undertaker or other person having
charge of the funeral of the deceased, a certificate as set forth in
Form D., Schedule 1, or as near thereto as may be, under his hand
that he has registered or received notice of the death, as the case
may be.

Every such order of the coroner and certificate of the registrar
shall be delivered to the person who buries or performs any funeral
or religious service for the burial of the body of the deceased; and
any person to whom such order or certificate was given by the
coroner or registrar who fails so to deliver or cause to be delivered
the same shall be liable to a penalty not exceeding forty shillings.

The person who buries or performs any funeral or religious service
for the burial of any dead body, as to which no order or certificate
under this section is delivered to him, shall, within seven days after
the burial, give notice thereof in writing to the registrar or Registrar
General, and if he fail so to do shall be liable to a penalty not
exceeding ten pounds: Provided that such notice may be comprised
in and form part of the returns which the clerk, or secretary, or
registrar to every burial board and cemetery company, or other
authority having Charge of any burial ground, is required to make
in accordance with the provisions of the one hundred and ninety-
first section of the Public Health (Ireland) Act, 1878, as amended by
the Public Health (Ireland) Amendment Act, 1879.

18. A person shall not wilfully bury or procure to be buried the
body of any deceased child as if it were still-born.

A person who has control over or ordinarily buries bodies in any
burial ground shall not permit to be buried in such burial ground
the body of any deceased child as if it were still-born, and shall not
permit to be buried or bury in such burial ground any still-born
child before there is delivered to him either—

(a.) A written certificate that such child was not born alive,
signed by a registered medical practitioner who was in
attendance at the birth or has examined the body of such
child; or

(6.) A declaration signed in the presence of the person giving per¬
mission for such burial by some person who would, if the

Coroner’s order
and registrar’s
certificate for
burial.

41 & 42 Viet,
c. 52.

42 & 43 Viet,
c. 57.

Burial of
deceased
children as
still-born.

Digitized by LjOOQle

28 C H. 13. Births and Deaths Registration Act (/.), 1880. 43 & 44 Vict.

child had been born alive, have been required by this Act
to give information concerning the birth, or by the person
to whom such permission is given, to the effect that no
registered medical practitioner was present at the birth,or
that his certificate cannot be obtained, and that the child
was not born alive ; or

( c .) If there has been an inquest, an order of the coroner.

Any person who acts in contravention of this section shall be
liable to a penalty not exceeding ten pounds.

Notice where 19. Where there is in the coffin in which any deceased person is
coffin contains brought for burial the body of any other deceased person, or the
more t an one ^ 0( jy 0 f an y stillborn child, the undertaker or other person who has
charge of the funeral shall deliver to the person who buries or per¬
forms any funeral or religious service for the burial of such body or
bodies, notice in writing signed by such undertaker or other person,
and stating to the best of his knowledge and belief with respect to
each such body the following particulars :

(a.) If the body be the body of a deceased person the name, sex,
and place of abode of the said deceased person;

(h.) If the body has been found exposed, and the name and place
of abode are unknown, the fact of the body having been
so found and of the said particulars being unknown;
and

( c .) If the body be that of a deceased child without a name, or
a still-born child, the name and place of abode of the
father, or, if it is illegitimate, of the mother of such child.

Such notice in writing shall, within five days from the day of
burial, be forwarded by the person who receives same to the regis¬
trar of the district in which the deceased died or to the Registrar
Genera], as the Local Government Board for Ireland may from time
to time direct.

Every person who fails to comply with the requirements of this
section shall be liable to a penalty not exceeding ten pounds.

Certificates of Canse of Death.

Regulations as
to certificates
of cause of
death.

20. With respect to certificates of the cause of death the following
provisions shall have effect :

(1.) The Registrar General shall from time to time furnish to
every registrar printed forms of certificates of cause of
death by registered medical practitioners, and eveiy
registrar shall furnish such forms gratis to any registered
medical practitioner residing or practising in such regis¬
trar’s district :

(2.) In case of the death of any person who has been attended
during his last illness by a registered medical practitioner,
that practitioner shall sign and give to some person
required by this Act to give information concerning the
death a certificate stating to the best of his knowledge and
belief the cause of death, and such person shall deliver or
cause to be delivered that certificate to the registrar, and
the cause of death as stated in that certificate shall be
entered in the register:

Digitized by LjOOQle

1880. Births and Deaths Registration Ac {Ireland), 1880. Ch. 13.

(3.) Where an inquest is held on the body of any deceased person
a medical certificate of the cause of death need not be
given to the registrar, but the certificate of the finding of
the jury furnished by the coroner shall be sufficient.

If any person to whom a medical certificate is given by a registered
medical practitioner in pursuance of this section shall fail to deliver
or cause to be delivered that certificate to the registrar within five
days of its receipt, he shall be liable to a penalty not exceeding
forty shillings.

Superintendent Registrars and Registrars.

21. Every superintendent registrar and registrar shall, subject to Assistant
the approval of the Registrar General, appoint, by writing under his registrar to
hand, fit person to act with him as assistant registrar; and every appoln e
such assistant superintendent registrar or assistant registrar, while so
acting, shall, subject to the control of the superintendent registrar

or registrar, have all the powers, and perform all the duties, and be
subject to all the penalties herein declared concerning superintendent
registrars and registrars respectively; and every superintendent
registrar or registrar shall be civilly responsible for the acts and
omissions of his assistant.

From and after the commencement of this Act every deputy
superintendent registrar and deputy registrar shall be, and be styled,
assistant superintendent registrar, or assistant registrar, as the case
may be, but nothing in this Act shall affect the rights or positions
of existing deputy superintendent registrars or deputy registrars.

Every such assistant shall hold his appointment during the
pleasure of the superintendent registrar or registrar by whom he is
appointed, but shall be removable from his office by the Registrar
General.

22. If any superintendent registrar dies, resigns, or otherwise Interim
ceases to hold his office, his assistant, if any, and if none, such person registrars,
as the Registrar General may appoint, shall be interim superintendent
registrar.

Every interim superintendent registrar shall act as superintendent
registrar, and have all the powers, and perform all the duties, and
be subject to all the obligations of a superintendent registrar until
another is duly appointed.

The provisions of this section shall apply to a registrar in like
manner as if it were enacted with the substitution of the word
registrar for superintendent registrar.

If a registrar for any district dies, resigns, or otherwise ceases to
hold his office, and there is no interim registrar, then the superin¬
tendent registrar shall, when so required by the Registrar General,
appoint an interim registrar for such district.

23. Every superintendent registrar and registrar respectively Fees of super-
shall be entitled to the fees specified in the Second Schedule to this indent re-
Act, and every such fee shall be paid to him by the persons and on

the occasions pointed out in such schedule, and may be recovered
as a debt due to him, and, subject to the prescribed rules, he may
refuse to comply with any application voluntarily made to him until
the fee is paid.

Digitized by LjOOQle

Certificates of
birth having
been registered.

Supply of
forms and
making of
indexes.

Penalty on
registrar for
refusal or
omission to
register, or to
forward decla¬
ration, or on
persons having
custody of
books for loss
or injury
thereto.

Correction of
errors in
registers of
births and
deaths.

Ch. 13. Births and Deaths Registration Act (/.), 1880. 43 & 44 ViCT.

24. A registrar shall, upon demand made at the time of regis¬
tering any birth by the person giving the information concerning the
birth, and upon payment of a fee not exceeding threepence, give
to such person a certificate under his hand, in the prescribed form
(E. in First Schedule), of having registered that birth.

25. The Registrar General shall supply to every superintendent
registrar suitable forms wherein to make indexes of the register
books in his office, and such superintendent registrar shall cause
such indexes to be made in such form and manner as may from time
to time be directed by the Registrar General, and to be kept with
the other records of his office.

All such indexes, whether made before or after the commencement
of this Act, shall be kept by the superintendent registrar with the
records of his office, and shall be delivered with the same to his
successor in office, as directed by the principal Act.

Subject to such regulations as shall be made from time to time
by the Registrar General with the approval of the Lord Lieutenant,
every person shall be entitled at all reasonable times to search the
said indexes, and also the register books, and to have a certified
copy of any entry or entries in any register book, under the hand
of the superintendent registrar or registrar, as the case may be,
who shall have the custody of the same for the time being, on
payment in each case of the appointed fee, in addition to the stamp
duty of one penny imposed by the Act of the session held in the
thirty-third and thirty-fourth years of the reign of Her present
Majesty, chapter ninety-seven.

26. Every registrar who refuses, or, without reasonable cause,
omits to register any birth or death or particulars concerning which
information has been tendered to him by an informant, and which
he ought to register, or neglects to forward to the registrar of
another district the declaration required by section six of this Act,
and every person having the custody of any register book of births
and deaths who carelessly loses or injures or allows the injury of
the same, shall be liable to a penalty not exceeding fifty pounds.

Collection of Errors .

27. With regard to the correction of errors in registers of births
and deaths it shall be enacted as follows:

(1.) No alteration in any such register shall be made except as
authorised by this Act.

(2.) Any clerical errors, whether they occurred before or after the
commencement of this Act, which may from time to time
be discovered in any such register may be corrected by any
person authorised in that behalf by the Registrar General,
subject to the prescribed rules.

(3.) An error of fact or substance in any such register may be
corrected by entry in the margin (without any alteration
of the original entry) by the officer having the custody
of the register upon payment of the appointed fee, and
upon production to him by the person requiring such error
to be corrected of a statutory declaration (Form C., Schedule
Three), setting forth the nature of the error and the true
facts of the case, and made by one or more persons required

Digitized by LjOOQle

1880. Biiihs and Deaths Registration Act (Ireland ), 1880. Ch. 13.

by this Act to give information concerning the birth or
death with reference to which the error has been made, or
in default of such persons, then by two credible persons
having knowledge of the truth of the case ; and it shall
be the duty of the registrar, on becoming aware of any
error in fact or substance, to send a requisition to the
informant requiring him to attend and correct same.

(4.) Where an error of feet or substance (other than an error
relating to the cause of death) occurs in the information
given by a coroners certificate concerning a dead body
upon which he has held an inquest, the coroner, if satisfied
by evidence on oath or statutory declaration that such ,
error exists, may certify under his hand (Form D., Schedule
Three,) to the officer having the custody of the register in
which such information is entered the nature of the error
and the true facts of the case as ascertained by him on
such evidence, and the error may thereupon be corrected
by such officer in the register, by entering in the margin
(without any alteration of the original entry) the facts as
so certified by the coroner, and such declaration or cer- 1
tificate shall accompany the quarterly certified copies.

And whenever such correction shall have been made in any entry
of birth or death subsequently to the transmission to the General
Register Office of the return of certified copies containing such
entry, such declaration or certificate of coroner shall be forthwith
sent through the post office to the Registrar General, who shall cause
such correction to be made in the certified copy, and such addition
shall be held to be good as if part of the original entry.

Miscellaneous.

28. An entry, or certified copy of an entry, of a birth or death in Register when
a register under the principal Act, or in a certified copy of such a not ev,dence -
register, shall not be evidence of such birth or death, unless such
entry either purports to be signed by some person professing to be
the informant, and to be such a person as is required by law at the
date of such entry to give to the registrar information concerning
such birth or death, or purports to be made upon a certificate from
a coroner, or in pursuance of the provisions of this Act with respect
to the registration of births and deaths at sea, or in pursuance of
section six of this Act.

When more than three months have intervened between the day
of the birth and the day of the registration of the birth of any child,
the entry or certified copy of the entry made after the commence¬
ment of this Act of the birth of such child in a register under the
principal Apt, or in a certified copy of such a register, shall not be
evidence of such birth, unless such entry purports,—

(a.) If it appear that not more than twelve months have so
intervened, to contain a marginal note that a statutory
declaration has been made by a properly qualified in¬
formant ;

(i b .) If more than twelve months have so intervened, to have
been made with the authority of the Registrar General,
and in accordance with the prescribed rules.

Digitized by eaOOQle

Cif. 13. Birth# and Deaths Registration Act (/.), 1880. 43 & 44 Yicr.

Penalty for not
giving infor¬
mation, com¬
plying with
requisition, &c.

Penalty for
false state¬
ments, &c.

Where more than twelve months have intervened between the
day of a death or the finding of a dead body and the day of the
registration of the death or the finding of such body, the entry or
certified copy of the entry made after the commencement of this
Act of the death in a register under the principal Act, or in a cer¬
tified copy of such register, shall not be evidence of such death,
unless such entry purports to have been made with the authority of
the Registrar General, and in accordance with the prescribed rules.

29. Any person required by the principal Act, or this Act, to give
information concerning any birth or death, or any living new-born
child, or any dead body, who shall neglect or refuse to give such
information, or shall wilfully refuse to answer any question put to
him by the registrar, relating to the particulars required to be
registered concerning such birth or death, or shall fail to comply
with any requisition of the registrar made in pursuance of the
principal Act or this Act, and every person who shall refuseor
fail, without reasonable excuse, to give or send any certificate in
accordance with the provisions of the principal Act or this Act,
shall be liable to a penalty not exceeding forty shillings for each
offence ; and the parent of any child who fails to give information
concerning the birth of such child as required by the principal Act
or this Act shall be liable to a like penalty ; and a person required
by the principal Act or this Act to give information concerning a
death in the first instance, and not merely in default of some other
person, shall, if such information as is required by the principal Act
or this Act be not duly given, be liable to the same penalty.

30. Any person who commits any of the following offences ; that
is to say,

(1.) Wilfully makes any false answer to any question put to him
by a registrar relating to the particulars required to be
registered concerning any birth or death, or wilfully gives
to a registrar any false information concerning any birth
or death, or the cause of any death; or

(2.) Wilfully makes any false certificate or declaration under or
for the purposes of this Act, or forges or falsifies any such
certificate or declaration, or any order under this Act, or,
knowing any such certificate, declaration, or order to be
false or forged, uses the same as true, or gives or sends
the same as true, to any person ; or

(3.) Wilfully makes, gives, or uses any false statement or repre¬
sentation as to a child born alive having been still-born,
or as to the body of a deceased person or a still-born
child in any coffin, or falsely pretends that any child born
alive was still-born ; or

(4.) Makes any false statement with intent to have the same
entered in any register of births or deaths,
shall for each offence be liable on summary conviction to a penalty
not exceeding ten pounds, and on conviction on indictment to fine,
or to imprisonment, with or without hard labour, for a term not
exceeding two years, or to penal servitude for a term not exceeding
seven years.

Sending 31. All notices, informations, declarations, certificates, requisitions,

certificates, &e. re turns, and other documents, required or authorised bv this Act

DV DOSt. *

Digitized by LjOOQle

1880. Births and Deaths Registration Act (Ireland), 1880. Ch. 13.

to be delivered, sent, or given to the Registrar General, a super¬
intendent registrar, or a registrar, or by a registrar to a person who
is required to give information concerning any birth or death, or
who gives notice of any death, may be sent by post in a prepaid
letter, and the date at which they would be delivered to the person
to whom they are sent in the ordinary course of post shall be
deemed to be the date at which they are received ; and in proving
such sending it shall be sufficient to prove that the letter was
prepaid, properly addressed, and put into the post.

32. In the principal Act and this Act— Explanation

The term “general search 99 shall mean a search during any ^yfct. 0 * n

number of successive hours not exceeding six, without
stating the object of the search ; and
The term a particular search ” shall mean a search over any
period not exceeding five years for any given entry.

33. The forms in the First Schedule to this Act, or forms as Use of forms,
nearly resembling the same as circumstances admit, shall be used in

all cases in which they are applicable, and when so used shall be
valid in law.

34. It shall be lawful for the Lord Lieutenant or the Registrar Power of Lord

General, with tlie consent of the Lord Lieutenant, by order, to alter and

from time to time all or any of the forms contained in the schedules General to alter
to the principal Act and this Act, or in any order under this section, forms in sche-
in such manner as may appear to them best for carrying into effect i

the principal Act, or to prescribe new forms for that purpose, and and make
from time to time to make regulations for prescribing any matters regulations,
authorised by this Act to be prescribed, and to revoke and alter

such regulations.

Any order made in pursuance of this section shall be published
in the Dublin Gazette, and shall be laid before both Houses of
Parliament, if Parliament is sitting, within fourteen days after the
issue of the same, or if Parliament is not then sitting, within four¬
teen days after the commencement of the then next session.

Every form when altered in pursuance of this section shall have
the same effect as if it had been contained in a schedule to the prin¬
cipal Act or this Act, as the case may be, and every regulation
made in pursuance of this section shall, while in force, have the same
effect as if it were enacted in this Act.

35. All fines and forfeitures imposed by the principal Act and all Recovery of
penalties imposed by this Act may, unless otherwise directed, be
recovered in a summary manner as laid down in section Bixty-five

of the principal Act; that is to say, with respect to the police dis¬
trict of Dublin metropolis, subject and according to the provisions
of any Act regulating the powers and duties of justices of the peace
for such district, or of the police of such district; and with respect
to other parts of Ireland, before a justice or justices of the peace
sitting in petty sessions, subject and according to the provisions
of the Petty Sessions (Ireland) Act, 1851, and any Act amending 14 & is Viet,
the same. c ' 9S *

36. A prosecution or indictment for an offenoe under this Act Time forprote-
shall be commenced at any time within three years after the com-

mission of such offence.

[THB LAW KEPOKT8.]

Digitized by LjOOQle

34 Ch. 13. Births and Deaths Registration Act (/.), 1880. 43 41 Vict.

Particulars
required to be
registered
concerning
birth or death.
Interpretation.

Definition ot
registrar and
superintendent
registrar.

Commence¬
ment of Act.

Extent of Act.

Construction of
Act.

Short title.

Repeal.

37. The particulars required to be registered concerning a birth
or death shall be the particulars specified in the forms in Schedules
A. and B. respectively to the principal Act.

38. In this Act, if not inconsistent with the context,—

The term “ principal Act ” means the Act of the session of the
twenty-sixth year of the reign of Her Majesty, chapter
eleven:

The term “ public institution ” means a prison, lock-up, work-
house, barracks, lunatic asylum, hospital, and any prescribed
public, religious, or charitable institution:

The term “ house ” includes a public institution as above
defined:

The term “ occupier ” includes the governor, keeper, master,
matron, superintendent, or other chief resident officer of
every public institution, and where a house is let in separate
apartments or lodgings includes any person residing in such
house who is the person under whom such lodgings or
separate apartments are immediately held, or his agent, and
by such term shall all the persons above mentioned be
described when acting as informants:

The term “ relative ” includes a relative by marriage:

The term “ prescribed " means prescribed by regulations made
from time to time in pursuance of section eleven of the prin¬
cipal Act or of this Act:

The term “appointed fee” means the fee specified in the
Second Schedule to this Act:

The term “ guardians ” includes any body of persons per¬
forming the functions of guardians within the meaning of
the Acts relating to the relief of the poor.

39. Where reference is made in this Act to a registrar or super¬
intendent registrar in connexion with any birth or death or other
event, or any register, such reference shall (unless the contrary be
expressed) be deemed to be made to the registrar who is the
registrar for the district in which such birth or death or other
event took place, or who keeps the register in which the birth
or death or other event is or is required to be registered, or who
keeps the register referred to, and to the superintendent registrar
who superintends such registrar as aforesaid.

40. This Act shall not come into operation until the first day of
January one thousand eight hundred and eighty-one, which day is
referred to in this Act as the commencement of this Act.

41. This Act, save as is herein otherwise expressly provided,
shall extend only to Ireland.

42. This Act shall, so far as is consistent with the tenor thereof,
be construed as one with so much as i9 unrepealed of the principal
Act; and that Act, together with this Act, may be cited as the
Births and Deaths Registration Acts (Ireland), 1863 to 1880.

43. This Act may be cited as the Births and Deaths Registration
Act (Ireland), 1880.

Repeal.

44. The Act specified in the Fourth Schedule to this Act is
hereby repealed, from and after the commencement of this Act, to
the extent specified in the third column of that schedule.

Digitized by LjOOQle

1880. Births and Deaths Registration Act (Ireland), 1880.* Ch. 13. 35

Provided that this repeal shall not affect—

(a.) Anything duly done or suffered under any enactment
hereby repealed, or the proof of any past act or thing ;

°r 9

(b.) Any right, privilege, obligation, or liability acquired,
accrued, or incurred under any enactment hereby
repealed; or,

(c.) Any penalty, forfeiture, or punishment incurred in respect
of any offence committed against any enactment hereby
repealed; or,

(d.) Any investigation, legal proceeding, or remedy in respect
of any such right, privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid: and any such
investigation, legal proceeding, and remedy may be
carried on as if this Act had not passed.

SCHEDULES.

FIRST SCHEDULE. Section 33.

FORM A. Section 8.

Form certifying Name given in Baptism.

I, , of , in the county of , do hereby

certify that on the 18 I baptized by the name of ,

a male child produced to me by as the

of , and declared by the .said to have beeu bom at ,

in the county of on the 18 .

Witness my hand this 18 .

* Form B.

Form certifying Name given not in Baptism.

I, , do hereby certify that the male child born on the

at , in the county of , to and

wife, and registered in the district of on the

(without being baptized) received the name of

Witness my hand this 18 .

Form C.

Form for altering Name entered in Register.

Section 8.

his

18 r has

I, , do certify that the male child born on the day of 18 ,

at in the county of , to

and his wife, and registered in the district of on the day

of 18 , has since had (his or her) name altered to

Witness my hand this day of 18 .

}of

Form D. Section 17.

Form certifying Information of Death given to Registrar.

I certify that I have this day of 18 (registered the death or

received notice of the death) of , said to have died the day

of 18 , at

Witness my hand this day of 18 .

Registrar.

District

The blanks and the words in italics to be filled in according to the facts.

C 2

Digitized by LjOOQle

Ch. 13. Births cmd Deaths Registration Act (/.), 1880. 43 & 44 Vict.

Section 24. FORM EL

Form certifying that Birth has been Registered.

I certify that I have this day of 18 registered the birth

of ,a (male or female) child, at entry No. , said to have been born

at on the day of 18 .

Witness my hand this day of 18 .

Registrar.

District

The blanks and words in italics to be filled in according to the facts.

Section 23 . SECOND SC H ED ULE.

Fees to Registrars and Superintendent Registrars .

Upon the registration of a birth when the child is more than three months old, if it is
not more than twelve months old, to the registrar (unless the delay is occasioned by his
failure to issue a requisition, or otherwise by his default) two shillings and sixpence, and
if it is more than twelve months old, and is registered with the authority of the
Registrar General, to registrar (unless the delay is occasioned by his failure to issue
a requisition, or otherwise by his default) five shillings, to be paid by the informant or
declarant.

Upon the registration of a death with the authority of the Registrar General after the
expiration of twelve months, to the registrar (unless the delay is occasioned by his failure
to issue a requisition, or otherwise by his default) five shillings, to be paid by the
informant or declarant.

For taking, attesting, and transmitting a declaration made by an informant respecting
a birth which occurred in another district, to the registrar attesting the declaration two
shillings, to be paid by the informant.

For entering the baptismal or other name of child upon certificate produced after
registry of birth, to superintendent registrar or registrar one shilling, to be paid by the
person requiring the name to be entered.

Correction of error of fact or substance in register, to superintendent registrar or
registrar two shillings and sixpence, to be paid by the person requiring the error to be
corrected.

For every search, to the superintendent registrar, to be paid by thfe applicant for the
search, if it is a general search, five shillings, if it is a particular search, one shilling.

For a certified copy of any entry given by the superintendent registrar, two shillings
and sixpence to the superintendent registrar, to be paid by the applicant.

For every search, to the registrar, to be paid by the applicant for the search, one
shilling.

For a certified copy of any entry given by the registrar, two shillings and sixpence to the
registrar, to be paid by the applicant.

THIRD SCHEDULE.

Section 5.

Form A.

Registration of Births and Deaths in Ireland.

Declaration , in case of Registration of Birth , to he made by a qualified Infor¬
mant before a Justice of the Peace .

■ Here insert
name of person
making decla¬
ration.
b Here insert
the “qualifi¬
cation" of the
“informant** in
the following
words: “ father,”
“ mother ”

Superintendent Registrar’s District,

Registrar’s District,

I,* , being b of the child named ,

do solemnly and sincerely declare, according to the best of my knowledge
and belief, that the said child was born on the day

of 18 at , and is of the sex, that

the name and surname of the father of the said child are ,

and his dwelling place is , that the name and surname of the

mother of the said child are , that her maideu surname

Digitized by LjOOQle

1880. Births a/nd Deaths Registration Act {Ireland), 1880. Ch. 13. 37

is , and that the rank or profession of the father of the said “ guardian,” or

child is that of .

Signature of person making declaration,

Declared before me this day of 18.

Justice of the Peace for the County of

N.B.—This declaration is to be made in all cases of birth registered after
three months, and not after twelve months, following the birth.

Form B.

Section 6.

Registration of Births and Deaths in Ireland.

Declaration , in case of Registration of Birth, to be made by a qualified Infor¬
mant who has left the District in which a Birth occurred before it had been
registered .

Superintendent Registrar’s District, 11
Registrar’s District/

I, b , formerly of , and now residing

at , being 0 of the child named ,

do solemnly and sincerely declare, according to the best of my knowledge
and belief, that the said child was born on the day

of 18 , at in the district of ,

and is of the sex, that the name and surname of the father of

the said child are and his dwelling place is ,

that the name and surname of the mother of the said child are ,

and that her maiden surname is , and that the rank or profession

of the father of the said child is that of ; and I also

solemnly and sincerely declare that, having left the district in which
the above birth occurred, I am now desirous that it should be registered
in accordance with the provisions of the sixth section of the Births and
Deaths Registration Act (Ireland), 1880.

Signature of person making declaration,

Declared before me this day of 18 .

• Here insert
the name of the
district in which
the birth
occurred.
b Here insert
name of person
making decla¬
ration.
c Here insert
the''qualifi¬
cation ” of the
“informant” in
the following
words: “ fatner/*
" mother/'
“guardian/* or
" present at
birth/’ Ac.

Registrar for the District of *

This declaration is to be forwarded to the registrar of the district in
which the birth took place by the registrar of the district before whom the
declaration is made.

FORM C. Section 27.

Registration of Births and Deaths in Ireland.

Statutory Declaration , in case of error of fact or substance in a Register of
Births or Deaths , to be made by a qualified Informant before a Justice of the
Peace .

Superintendent Registrar’s District,

Registrar’s District,

I , being of the person whose was

entered on the day of 18 , at No.

in the register of of the above district, do solemnly and

sincerely declare, according to the best of my knowledge and belief, that
it is erroneonsly stated that* , and that instead

thereof it should be stated that b

Signature of party making declaration,

Declared before me this day of 18 .

Justice of the Peace for the County of

•Here state

the incorrect
particulars as
given in entry in
registry.
b Here state
the correct
particulars
which should be
added to the
entry.

Digitized by LjOOQle

Ch. 13,14. Births andDeaths Registration Act (/.), 1880. 43 & 44 Vict.

Section 27. I 1 OHM D.

Registration of Births and Deaths in Ireland.

Certificate in case of error of fact or substance (other than an error relating
to cause of Death) in a Coroners Certificate concernimj a dead body , to
be signed by the Coroner .

• Here state
particulars as
incorrectly
given in tne
certificate of
finding of jury.

b Here state
the correct
particulars
which should be
added to the
entry.

Superintendent Registrar’s District,

Registrar’s District,

I, , coroner for the county of , do hereby

certify that in the certificate signed by me respecting the dead body
of , of , on which an inquest was held on

the day ,18 , it was incorrectly stated that*

, whereas it should have been stated that b ,

as has been proved to my satisfaction by the
Certified by me

Coroner for the County of
this day of 18 .

Section 44. FOURTH SCHEDULE.

A description or citation of a portion of an Act is inclusive of the words, section, or
other part first or last mentioned, or otherwise referred to as forming the beginning or as
forming the end of the portion comprised in the description or citation.

Session and
Chapter.

Title or abbreviated Title.

| Extent of Repeal.

26 Vict. c. 11. -

An Act for the Registration of
Births and Deaths in Ireland.
(20th April 1863.)

Preliminary to Act, from the words “ gene¬
ral search ” to “ stating objects of
search.”

Section twenty-six, from the words “ in case
of the death ” to end of section.

Sections thirty-one, thirty-two, thirty-three,
thirty-four, thirty-five, thirty-six, thirty-
seven, thirty-eight, forty-four, forty-six,
fifty-one, and fifty-five.

chapter 14.

Short title.

Amendment of
43 Viet. c. 4.

An Act to amend the Relief of Distress (Ireland) Act,
1880 ; and for other purposes relating thereto,

[2nd August 1880.]

B E it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1. This Act may be cited as the Relief of Distress (Ireland)
Amendment Act, 1880.

2. Whereas by the seventeenth section of the Relief of Distress
(Ireland) Act, 1880, it is enacted that the Commissioners of
Church Temporalities in Ireland shall advance to the Commis¬
sioners of Public Works, out of any moneys at their disposal or
which they may raise on the security of their annual income, such
sum or sums not exceeding in the whole the sum of seven hundred
and fifty thousand pounds as the Commissioners of the Treasuiy

Digitized by CjOOQle

1880. Relief of Distress (Ireland) Amendment Act , 1880. Ch. 14.

may from time to time direct, and whereas the said limited sum
has been found insufficient for the purposes of the, Act: And
whereas it is desirable to enable the Commissioners of Public
Works on the recommendation of the Local Government Board to
advance moneys by way of grant to the board of guardians in any
union authorised to give out-door relief under section three of the
Relief of Distress (Ireland) Act, 1880, subject to the restrictions 43 Viet c. 4.
and conditions herein-after set forth :

Therefore, the seventeenth section of the said Act shall be con¬
strued as if the words one million five hundred thousand pounds
were therein substituted for the words seven hundred and fifty
thousand pounds: And with the view of facilitating the raising
of the said increased sum, the Commissioners for the Reduction
of the National Debt and the Commissioners of Church Temporali¬
ties may from time to time vary the terms for the repayment of
any loan made or to be made by the Commissioners for the Reduc¬
tion of the National Debt, and the security for such loan: And
the Treasury may, if they think fit, from time to time continue
their guarantee to the loan and security varied as aforesaid.

The Commissioners of Public Works in Ireland may from time
to time on the recommendation of the Local Government Board
grant to the board of guardians in any union authorised to give
out-door relief under the third section of the Relief of Distress 43 Viet. c. 4.
(Ireland) Act, 1880, out of the said sum of one million five
hundred thousand pounds, such moneys as the Local Government
Board may find necessary, having regard to the financial condition
of such union and the pressure of distress within its limits, to aid
in giving out-door relief in such union: Provided that the entire
sum to be so granted shall not exceed two hundred thousand
pounds.

3. The Commissioners of Public Works may, if they think fit, Powers of
from time to time, with the consent of the Treasury, out of any
moneys placed at their disposal by Parliament for the making of

loans or grants, apply such sums not exceeding in all the sum of
forty-five thousand pounds as the Treasury may sanction for the
purposes of the Fishery Piers Act, to be expended in the manner 9 & lo Viet,
therein mentioned, but subject to the conditions of this Act. c - 3 -

Provided that the power conferred upon the Commissioners by
this section shall only be exercised with reference to works for
which an application by memorial under the Fishery Piers Act shall 9 & 10 Vict *
have been made before the passing of this Act or for which an c * *
application by memorial shall be made after the passing of this
Act and before the thirtieth day of September one thousand
eight hundred and eighty.

4. When any person interested in the execution of any work Terms upon
which might be executed under the Fishery Piers Act pays to the mbsbnenTmi
Commissioners of Public Works one-fourth part of the cost of such undertake
work as estimated by the Commissioners, they may, with the con- works,
sent of the Treasury, publish in the Dublin Gazette or otherwise, 9 * 10 Vict *
as they shall think tit, a notice of their intention to undertake such c ‘

work, which notice shall be instead of, and shall have all the force
and effect of the final notice mentioned in the sixteenth section of

the Fishery Piers Act. 9 & lo Vict.

c* 8.

Digitized by LjOOQle

9 & 10 Viet.

c. 3.

9 & 10 Viet,
c. 3.

Power to
undertake
works.

40 Ch. 14. Relief of Distress (J.) Aniendment Act , 1880. 43&44 Vicrr.

Before publishing such notice the Commissioners may, if they
think fit, do any matter or thing, and shall have and may if they
think fit exercise any right, power, or authority in connexion with
such work which they might do or would have with reference to
any of the proceedings preliminary to the publication of the final
notice mentioned in the Fishery Piers Act if the work were under¬
taken in strict compliance with the said Act.

The provisions contained in the following sections of the Fishery
Piers Act, that is to say, section four, sub-section four, section five,
and sections ten to fifteen, both included, relative to proceedings
preliminary to the publication of such notice, shall not apply to
any such work.

5. At any time after the publication by the Commissioners of
Public Works of any such notice as is mentioned in this Act the
Commissioners may commence and proceed with the works pro¬
posed to be executed and to which such notice relates.

The Commissioners may, if they think fit, do any matter or
thing, and shall have and may if they think fit exercise any right,
power, or authority with reference to such work, which they might
do or would have if the work were undertaken in strict com¬
pliance with the Fishery Piers Act, and all the enactments con¬
tained in that Act, save so far as they are modified by this Act,
shall apply as nearly as may be with reference to any such work.

6. When such work has been constructed, all the provisions of
the Fishery Piers Act and of the Act of the session of Parliament
held in the sixteenth and seventeenth years of the reign of Her
present Majesty, chapter one hundred and thirty-six, as amended

io vict. c. 3. ky ajjy Act or Acts, shall apply to such work as if it was a pier
9 & io Vict. c. 3 . i n strict compliance with the Fishery Piers Act.

Amendment of 7. The fourth and fifth sections of the Relief of Distress (Ireland)
terms of loan® Act, 1880, shall be amended as follows ; (that is to say,)

(1.) The term for which money may be borrowed by the board
of guardians of any union authorised to give out-door
relief under the third section of the Relief of Distress
(Ireland) Act, 1880, shall be extended to twelve years.
The rate of interest at which the Commissioners of Public
Works may lend to any such board of guardians shall be
reduced to one per centum per annum ; and, in the case
of any loan by the Commissioners of Public Works to
any such board of guardians, the payment of the first
instalment payable in respect of such loan may, with the
consent of the Treasury, be postponed for any period not
exceeding two years from the Trucking of the loan, and no
interest shall be charged on such loan during any each
period of postponement of payment of the first instal¬
ment:

(2.) The board of guardians of any union authorised as afore¬
said, and which has contracted any loan for the purpose
of giving out-door relief under the provisions of the said
Act, may borrow money under the provisions of this
section to pay off such loan:

(3.) So much as may be necessary of the said sum of one million
five hundred thousand pounds payable by the Commis-

o & 10 Vict
c. 3.

Management
and main¬
tenance of
works when
constructed

to boards of
guardians.

43 Vict. c. 4.

Digitized by taOOQle

1880. Relief of Distress (Ireland) Amendment Act , 1880. Ch. 14.

sioners of Church Temporalities to the Commissioners of
Public Works shall be applied by the Commissioners of
Public Works in making good any advance by way ot
loan which they may make to a board of guardians under
the authority of the Relief of Distress (Ireland) Act, 1880, 43 Viet. e. 4.
as amended by this Act.

The provisions of the nineteenth section of the Relief of Distress 43 Viet. c. 4.
(Ireland) Act, 1880, shall apply to the repayment of all amounts
advanced as last aforesaid by way of loan to board of guardians as
fully as if such advances had been specified in that section.

8 . In addition to the sum of five thousand pounds which it is Fund* for
provided by thfe fifteenth section of the Act of the session of Par- p * el ^ s l £ a |J
liament held in the tenth and eleventh years of the reign of Her i^g Se * 0
present Majesty, chapter thirty-two, may be advanced by the
Treasury to the Commissioners of Public Works in any one year, to

be applied by them in making the necessary survey, inspection, and
investigation, and in taking all other proceedings preliminary to
making any loan or advance as therein mentioned, the Commis¬
sioners of Public Works may, at any time before the thirty-first
day of March next after the passing of this Act, with the consent
of the Treasury, out of any moneys placed at their disposal by Par¬
liament for the making of loans, apply the further sum of five
thousand pounds, or such other sum as the Treasury may from time
to time deem necessary, for defraying the expenses mentioned in
the said section.

9. The Local Government Board shall, up to the first day of Grant of out-
March one thousand eight hundred and eighty-one, be entitled to door rchef *
authorize the grant of out-door relief in food and fuel, or either, by

order for the time and subject to the power of revocation stated
in section three of the Relief of Distress (Ireland) Act, 1880, and 43 Viet. c. 4.
the said section three shall be read and construed in all respects as
if the said first day of March one thousand eight hundred and
eighty-one had been there inserted instead of the thirty-first day of
December one thousand eight hundred and eighty.

10. Whenever by any award or otherwise the rent of any tenant Definition of
shall be increased by reason or in respect of any works executed on JJJXrTTof*
his holding under the Relief of Distress (Ireland) Act, 1880, then, 33^34 Viet,
and in every such case, the works so executed shall, so far as such c * 46 *
increase of rent shall exceed the rate of two and a half per centum 43 vict# c * 4#
per annum interest on the capital expended in the execution of the

said works, and shall be paid by such tenant or his successor in
title, be deemed to be improvements made by such tenant within
the meaning of the fourth section of the Landlord and Tenant 33 & 34 Viet.
(Ireland) Act, 1870. «• 46 -

But the court in awarding compensation, if any, to such tenant in
respect of such improvements shall, in reduction of the claim of the
tenant, take into consideration the time during which such tenant
may have enjoyed the advantage of such improvements, also the
rent at which such holding has been held, and any benefits which
such tenant may have received from his landlord in consideration,
expressly or impliedly, of the improvements so made.

Hi At any time before the making by the board of guardians of Postponement
any union of either of the special rates which the guardians are

Digitized by t^ooQle

under

-13 Viet. c. 1.

Guardians to
be at liberty to
sell seed
sufficient for
two acres.

43 Viet. c. 1.

Kailway and
other loans.

42 & 43 Viet,
c. 77.

Guarantees!

presentment

sessions.

Ch. 14. Relief of Distress (7.) Amendment Act , 1880. 43 & 44 Vict.

authorised to make under the provisions of the seventh section of
the Seed Supply (Ireland) Act, 1880, the Local Government Board,
if satisfied by the representations made to them by the board of
guardians or otherwise that it is expedient and necessary to do so,
may, by order, authorise, or, if they think fit, may require the board
of guardians to postpone the making of such rate for one year, and
the board of guardians shall postpone the making of such rate
accordingly.

Such order may be made with reference to the whole of any
union, or with reference to any electoral division in the union.

Whenever any such postponement of the making of a special rate
takes place in any union or electoral division, the payment of the
amount of the instalment due in respect of the loan to such union
or electoral division, and payable by the board of guardians of
the union to the Commissioners of Public Works next after the
issuing of such order, in accordance with the provisions of the
fourth section of the said Act, shall likewise be postponed for the
period of one year.

12. In case where the guardians of any union shall have sold to
the occupier of any land valued at not more than fifteen pounds a
quantity of seed potatoes or other seeds sufficient to sow two acres
of land statute measure, and that the total cost of such seed shall
not have exceeded the sum of five pounds, the Local Government
Board may, if they think fit, sanction the payment by the Board
of Public Works of the seed so sold as aforesaid, notwithstanding
the provisions of the sixth section of the Seeds Supply Act, 1880.

13. The Commissioners of Public Works may, if they think fit,

with the consent of the Treasury, out of any moneys placed at their
disposal by Parliament for the making of loans, make loans to rail¬
way and other public companies, to the trustees of canal and river
navigations, and to harbour commissioners, now or hereafter to be
incorporated or constituted as the case may be, having borrowing
powers, and in favour of which any such guarantee as is herein¬
after mentioned has been given ; and also to the trustees of drain¬
age districts appointed and constituted under the provisions of the
Act of the fifth and sixth years of Her present Majesty, chapter
eighty-nine, and the Acts amending the same; at such rate of
interest as the Treasury have fixed for loans to which section two
of the Public Works Loans Act, 1879, applies, or may from time to
time fix in pursuance of that section, and otherwise upon the
same terms and conditions as apply to loans made by the said
Commissioners for the like purposes under the Act of the session of
Parliament of the first and second years of the reign of His late
Majesty King William the Fourth, chapter thirty-three, entitled
“ An Act for the Extension and Promotion of Public Works in
“ Ireland,” and the Acts amending the same : Provided, that no loan
under this section and the following section shall be made to any
railway company or tramway company, or to the trustees of any
canal and river navigation, other than those mentioned in the
schedu le to this Act. ^—-

14. TFor the purpose of enabling any barony or baronies to give a
guarantee in favour of any such railway or other public company, or
trustees of any canal or river navigation, the Lord Lieutenant may.

Digitized by LjOOQle

1880. Relief of Distress ( Ireland) Amendment Act , 1880. Ch. 14.

from time to time, if he thinks fit, in exercise of the power conferred
upon him by the Relief of Distress (Ireland) Act, 1880, convene 43 Viet. c. 4.
extraordinary presentment sessions for any batony, and may, by
instructions to the justices and the associated cesspayers assembled
at such sessions, authorise and empower them by presentment to
charge the barony, by way of guarantee, with the repayment of
any principal sum, with interest, thereafter to be borrowed by any
such company or trustees, upon such conditions as the Lord Lieu¬
tenant, with the consent of tbe Treasury, may prescribe.

The baronial presentment sessions may agree with the company
or trustees as to the mode in which the company or trustees con¬
tracting the loan shall repay or secure to the barony any sums paid
by the barony on account of such loan, with interest thereon.

Such security may be taken on behalf of the barony by the
secretary of the grand jury of the county.

For the purpose of taking such security, the person holding the
office of secretary of the grand jury of the county shall be a cor¬
poration sole, and shall have perpetual succession, with a capacity
to acquire and hold lands, Government securities, shares in any
public company, securities for money, and real and personal property
of every description, to sue and be sued, using an official seal, to enter
into engagements binding on himself and his successors in office,
and to do all other acts necessary or expedient to be done in the
execution of this Act.

Provision may be made by the Lord Lieutenant, with the consent
of the Treasury, in any such instructions for all matters and things,
whether of the same nature as those above mentioned or different,
which appear to the Lord Lieutenant to be necessary or expedient
for the purposes of such presentments.

So much of the provisions of the eleventh section of the Relief of 43 Viet. c. 4.
Distress (Ireland) Act, 1880, as relates to the powers of the Lord
Lieutenant, and to the instructions issued by him, and also the
provisions of the twelfth, fourteenth, fifteenth, and sixteenth sections
of the said Act, shall apply to all presentments made at any extra¬
ordinary presentment sessions convened in accordance with this Act.

For the purposes of this section only, the power of convening
extraordinary meetings of the baronial presentment sessions of any
barony vested in the Lord Lieutenant may be exercised by the Lord
Lieutenant at any time before the thirty-first day of December
one thousand eight hundred and eighty-one.

15 . The Commissioners of Public Works shall, from time to time, Supple-
for the purpose of enforcing any presentment made by the baronial “entary pro-
presentment sessions of any barony charging the barony with any p^J^tments.
sum according to the provisions of this Act, make out, before each
assizes, a certificate for each county in which such presentment
has been made, specifying the amount then properly chargeable upon
the barony under such presentment, and shall transmit the cer¬
tificate to the secretary of the grand jury, to be laid before the
grand juiy, and thereupon the grand jury shall, without any pre¬
vious application to presentment sessions, make a presentment for
the amount specified in such certificate as payable by such barony,
or, in default of such presentment, the amount shall be raised off
the barony by an order of the judge of assize, which order shall

Digitized by LjOOQle

44 Ch. 14. Belief of Distress (/.) AvriendmerU Act , 1880. 43 & 44 Vicr.

have the force of a presentment. The amounts raised under such
presentment shall be paid to the Commissioners of Public Works in
such manner as the Treasury shall direct
interpretation. 10. In this Act the term “ the Fishery Piers Act ” means the Act
passed in the session of Parliament held in the ninth and tenth
years of the reign of Her present Majesty, chapter three, as
altered or amended by any Act or Acts.

The term “ Commissioners of Public Works 99 means the Com*
missioners of Public Works in Ireland.

The term “ the Lord Lieutenant ” means the Lord Lieutenant or
other Chief Governor or Governors of Ireland for the time being.

The term “the Treasury” means the Commissioners of Her
Majesty's Treasury.

SCHEDULE.

1. Railway or tramway from Kilrush to Kilkoe.

2. Railway or tramway from Ennis to Kilrush, via Kildysart.

3. Railway or tramway from Killaloe to Scariff.

4. Railway or tramway from Ennis to Ennistymon, and Miltown
Malbay.

5. Railway from Loughrea to Attymon or its vicinity.

6. Railway from Tuam to Claremorris.

7. Railway or tramway from Galway to Clifden, or Galway to
Oughterard.

8. Railway or tramway from Youghal to Cappa.

9. Railway from Macroom to Kenmare.

10. Railway from Bandon to Clouakilty.

11. Railway from Cork to Fermoy and Mitcliellstown.

12. Railway from Mohill to Dromod.

13. Letterkenny Railway.

14. Stranorlar and Donegal Railway.

15. Donegal and Castlec&ldwell Railway.

16. Ballymena and Portglenone Railway.

17. Clara and Banagber Railway.

18. Ennis and West Clare Railway.

19. Cork and Macroom Railway.

20. Killorglin Railway in Kerry.

21. Loughrea and Craughwell Railway.

22. Railway or tramway from Bundoran to Sligo.

23. Railway or tramway from Ennis to Tulla and Scariff.

24. Railway from Belturbet Junction, viH Belturbet, Ballyconnell, and
Ballinamore to Dromod.

25. Railway front Oldcastle to Kilnaleck.

26. Railway from Fortumna to Loughrea.

27. Railway from Nenagh to Thurles.

28. Railway from Cashel to Slievardagh.

29. Ballinamore and B&llyconnell Canal.

30. Railway from Ardee to junction with Great Northern Railway at or
near Blackmills, county Louth.

31. Railway or tramway from Fort Oriel, Clogherhead, to junction with
Great Northern Railway at or near the Cross of Grange, county Louth.

32. Railway from, at, or near Kingscourt to Carrickmacroes, in the
county of Monaghan.

33. Railway or tramway from Inniskeen to Carrickmacross, in the
county of Monaghan.

34. Tramway from Bray to Enniskerry, in the county of Wicklow.

35. Tramway between railway station Kanturk and Newmarket, county
Cork.

Digitized by LjOOQle

1880. Relief of Distress ( Ireland ) Amendment Act , 1880. Ch. 14-10.

36. Railway from Swineford to Ballaghadereen, county Mayo.

37. Tramway from Youghal to Cappagh.

38. Causeway and toll bridge connecting Cunnigar with Dungarvan.

39. Railway or tramway from Cashel to Farranaleen.

40. Railway from Headford to Kenmare.

41. Railway from Baliina to Ballisodare, county Sligo.

42. Railway from Laffansbridge to Cashel.

43. Railway or tramway from Rhode to Edenderry.

CHAPTER 15.

An Act further to amend the Industrial Schools Act, 1866,
and the Industrial Schools Act (Ireland), 1868.

[2nd August 1880.]

W HEREAS it is expedient that children who are growing up
in the society of depraved and disorderly persons should be
withdrawn from contaminating influences, and that the benefits of
industrial school training should be extended to them:

1. Section fourteen of the Industrial Schools Act, 1866, and Extension of
section eleven of the Industrial Schools Act (Ireland), 1868, shall f
be respectively read and construed as if, after the four several and
descriptions therein respectively contained, there were added the si & 32 Viet,
following descriptions, namely,— to other U

That is lodging, living, or residing with common or reputed descriptions of
prostitutes, or in a house resided in or frequented by prostitutes for children,
the purpose of prostitution:

That firequents the company of prostitutes.

2. This Act may be cited for all purposes as the Industrial Short title.
Schools Acts Amendment Act, 1880.

CHAPTER 16.

An Act to amend the Law relating to the Payment of
Wages and Rating of Merchant Seamen.

[2nd August 1880.]

1 . This Act may be cited as the Merchant Seamen (Payment Short title
of Wages and Rating) Act, 1880. Morion

This Act shall be construed as one with the Merchant Shipping 17 & 18 y ict
Acts, 1854 to 1876, and those Acts and this Act may be cited c . 104 , &c.
collectively as the Merchant Shipping Acts, 1854 to 1880.

2. (1.) After the first day of August one thousand eight hundred Conditional
and eighty-one, any document authorising or promising, or pur- advance notes
porting to authorise or promise, the future payment of money on lUegaL

C 7-

Digitized by

Google

17 & 18 Viet*
c. 104.

Amendment of
17 & 18 Viet,
c. 104. s. 169.
as to allot-
ment notes.

17 & 18 Viet,
c. 104.

Rules as to
payment of
wages.

17 & 18 Viet,
o. 104.

Ch. 16. Merchant Seamen (Payment of Wages , &c.) 43 & 44 Vict.

account of a seaman’s wages conditionally on his going to sea from
any port in the United Kingdom, and made before those wages have
been earned, shall be void.

(2.) No money paid in satisfaction or in respect of any such
document shall be deducted from a seaman's wages, and no person
shall have any right of action, suit, or set-off against the seaman or
his assignee in respect of any money so paid or purporting to have
been so paid.

(3.) Nothing in this section shall affect any allotment note made
under the Merchant Shipping Act, 1854.

3. (1.) Every agreement with a seaman which is required by the
Merchant Shipping Act, 1854, to be made in the form sanctioned by
the Board of Trade shall, if the seaman so require, stipulate for the
allotment of any part not exceeding one half of the wages of the
seaman in favour of one or more of the persons mentioned in
section one hundred and sixty-nine of the Merchant Shipping Act,
1854, as amended by this section.

(2.) The allotment may also be made in favour of a savings
bank, and in that case shall be in favour of stich persons and carried
into effect in such manner as may be for the time being directed
by regulations of the Board of Trade, and section one hundred and
sixty-nine of the Merchant Shipping Act, 1854, shall be construed
as if the said persons were named therein.

(3.) The sum received in pursuance of such allotment by a savings
bank shall be paid out only on an application made, through a
superintendent of a mercantile marine office or the Board of Trade,
by the seaman himself, or, in case of death, by some person to
whom the same might be paid under section one hundred and ninety-
nine of the Merchant Shipping Act, 1854.

(4.) A payment under an allotment note shall begin at the ex¬
piration of one month, or, if the allotment is in favour of a savings
bank, of three months, from the date of the agreement, or at such
later date as may be fixed by the agreement, and shall be paid at the
expiration of every subsequent month, or of such other periods as
may be fixed by the agreement, and shall be paid only in respect
of wages earned before the date of payment.

(5.) For the purposes of this section “ savings bank v means a
savings bank established under one of the Acts mentioned in the
First Schedule to this Act.

4. In the case of foreign-going ships—

(1.) The owner or master of the ship shall pay to each seaman
on account, at the time when he lawfully leaves the ship at the end
of his engagement, two pounds, or one fourth of the balance due to
him, whichever is least; and shall pay him the remainder of his
wages within two clear days (exclusive of any Sunday, Fast Day
in Scotland, or Bank Holiday) after he so leaves the ship.

(2.) The master of the ship may deliver the account of wages
mentioned in section one hundred and seventy-one of the Merchant
Shipping Act, 1854, to the seaman himself at or before the time
when he leaves the ship instead of delivering it to a superintendent
of a mercantile marine office.

(3.) If the seaman consents, the final settlement of his wages
may be left to the superintendent of a mercantile marine office

Digitized by LjOOQle

1880. Merchxmt Seamen {Payment of Wages , &c.) Act , 1880. Ch. 1 G.

under regulations to be made by the Board of Trade, and the
receipt of the superintendent shall in that case operate as a release
by the seaman under section one hundred and Seventy-five of the
Merchant Shipping Act, 1854.

(4.) In the event of the seaman s wages or any part thereof not
being paid or settled as in this section mentioned, then, unless the
delay is due to the act or default of the seaman, or to any
reasonable dispute as to liability, or to any other cause not being
the act or default of the owner or master, the seaman's wages shall
continue to run and be payable until the time of the final settlement
thereof.

(5.) Where a question as to wages is raised before the superin¬
tendent of a mercantile marine office between the master or owner
of a ship, and a seaman or apprentice, if the amount in question
does not exceed five pounds, the superintendent may adjudicate, and
the decision of the superintendent in the matter shall be final; but
if the superintendent is of opinion that the question is one which
ought to be decided by\a court of law he may refuse to decide it.

5. Where a ship is about to arrive, is arriving, or has arrived at
the end of her voyage, every person, not being in Her Majesty's
service or not being duly authorised by law for the purpose, who—

(a.) goes on board the ship, without the permission of the master,
before the seamen lawfully leave the ship at the end
of their engagement, or are discharged (whichever last
happens); or,

(6.) being on board the ship, remains there after being warned to
leave by the master, or by a police officer, or by any
officer of the Board of Trade or of the Customs,
shall for every such offence be liable on summary conviction to
a fine not exceeding twenty pounds, or, at the discretion of the
court, to imprisonment for any term not exceeding six months;
and the master of the ship or any officer of the Board of Trade
may take him into custody, and deliver him up forthwith to a con¬
stable to be taken before a court or magistrate capable of taking
cognizance of the offence, and dealt with according to law.

6 . Whenever it is made to appear to Her Majesty—

(1.) That the Government of any foreign country has provided
that unauthorised persons going on board of British ships
which are about to arrive or have arrived within its ter¬
ritorial jurisdiction shall be subject to provisions similar
to the provisions contained in the last preceding section
as applicable to persons going on board British ships at
the end of their voyages; and

(2.) That the Government of such foreign country is desirous
that the provisions of the said section shall apply to un¬
authorised persons going on board of ships belonging to
such foreign country within the limits of British territorial
jurisdiction;

Her Majesty may, by Order in Council, declare that the provisions
of the said last preceding section shall apply to the ships of such
country; and thereupon so long as the Order remains in force those
provisions shall apply and have effect as if the ships of such country

17 & 18 Viet,
c. 104.

Penalty for
being on board
ship without
permission
before seamen
leave. See
17 & 18 Viet
c. 104. s. 237.

Provisions
contained in
section five to
apply to ships
belonging to
foreign
countries in
certain cases.

Digitized by LjOOQle

Rating of
seamen.

Power of
court to rescind
contract
between owner
or master and
seaman or
apprentice.

Licensing of

seamen's

lodging-houses.

Desertion
and absence
without leave.

6h. 16. Merchant Seamen (Payment of Wages, <tc.) 43 & 44 Yict.

were British ships arriving, about to arrive, or which had arrived
at the end of their voyage.

7. A seaman shall not be entitled to the rating of A.B., that
is to say, of an able-bodied seaman, unless he has served at sea
for four years before the mast, but the employment of fishermen
in registered decked fishing vessels shall only count as sea service
up to the period of three years of such employment; and the rating
of A.B. shall only be granted after at least one years sea service
in a trading vessel in addition to three or more years sea service on
board of registered decked fishing vessels.

Such service may be proved by certificates of discharge, by a
certificate of service from the Registrar General of Shipping and
Seamen, (which certificate the Registrar shall grant on payment
of a fee not exceeding sixpence), and in which shall be specified
whether the service was rendered in whole or in part in steam
ship or in sailing ship, or by other satisfactory proof.

Nothing in this section shall affect a seaman who has been
rated and has served as A.B. before the passing of this Act

8 . Where a proceeding is instituted in or before any court in
relation to any dispute between an owner or master of a ship and a
seaman or apprentice to the sea service, arising out of or incidental
to their relation as such, or is instituted for the purpose of this
section, the court, if, having regard to all the circumstances of the
case, they think it just so to do, may rescind any contract between
the owner or master and the seaman or apprentice, or any contract
of apprenticeship, upon such terms as the court may think just,
and this power shall be in addition to any other jurisdiction which
the court can exercise independently of this section.

For the purposes of this section the term “ court 99 includes any
magistrate or justice having jurisdiction in the matter to which the
proceeding relates.

9. It shall be lawful for the sanitary authority of any seaport
town to pass byelaws for the licensing of seamen’s lodging-houses,
for the periodical inspection of the same, for the granting to the
persons to whom such licenses are given, the authority to designate
their houses as seamen’s licensed lodging-houses, and for prescribing
the penalties for the breach of the provisions of the byelaws :
Provided always, that no such byelaws shall take effect till they
have received the approval of the Board of Trade.

10. The following provisions shall from the commencement of
this Act have operation within the United Kingdom:

A seaman or apprentice to the sea service shall not be liable to
imprisonment for deserting or for neglecting or refusing without
reasonable cause to join his ship or to proceed to sea in his ship,
or for absence without leave at any time within twenty-four hours
of his ship’s sailing from any port, or for absence at any time with¬
out leave and without sufficient reason from his ship or from his
duty.

Whenever either at the commencement or during the progress of
any voyage any seaman or apprentice neglects or refuses to join
or deserts from or refuses to proceed to sea in any ship in which he
is duly engaged to serve, or is found otherwise absenting him&elf
therefrom without leave, the master or any mate, or the owner.

Digitized by

Google

880. Merchant Seamen (Payment of Wages , &c.) Act , 1880. Ch. 16.

ship's husband, or consignee may, with or without the assistance
of the local police officers or constables, who are hereby directed
to give the same, if required, convey him on board: Provided that
if the seaman or apprentice so requires he shall first be taken before
some court capable of taking cognizance of the matters to be
•dealt with according to law; and that if it appears to the court
before which the case is brought that the seaman or apprentice has
been conveyed on board or taken before the court on improper or
insufficient grounds, the master, mate, owner, ship's husband, or
consignee, as the case may be, shall incur a penalty not exceeding
twenty pounds, but such penalty, if inflicted, shall be a bar to any
action for false imprisonment.

If a seaman or apprentice to the sea service intends to absent
himself from his ship or his duty, he may give notice of his inten¬
tion, either to the owner or to the master of the ship, not less than
forty-eight hours before the time at which he ought to be on board
his ship; and in the event of such notice being given, the court
shall not exercise any of the powers conferred on it by section two
hundred and forty-seven of the Merchant Shipping Act, 1854. 17 & 18 Viet.

Subject to the foregoing provision of this section, the powers c - 104 *
conferred by section two hundred and forty-seven of the Merchant 17 & 18 Viet.
Shipping Act, 1854, may be exercised, notwithstanding the aboli- c - 104 -
tion of imprisonment for desertion and similar offences, and of
apprehension without warrant.

Nothing in this section shall affect section two hundred and
thirty-nine of the Merchant Shipping Act, 1854. 17 & 18 Viet.

U. The thirteenth section of the Employers and Workmen Act, to

1875, shall be repealed in so far as it operates to exclude seamen aeamen of
and apprentices to the sea service from the said Act, and the said 33 & 3 $ Viet.
Act shall apply to seamen and apprentices to the sea service accord- c ‘ 90 *
ingly; but such repeal shall not, in the absence of any enactment
to the contrary, extend to or affect any provision contained in any
other Act of Parliament passed, or to be passed, whereby workman
is defined by reference to the persons to whom the Employers and 38 & 39 Viet.
Workmen Act, 1875, applies. c - 90 *

12. The enactments described in the Second Schedule to this Act Repeal of
shall be repealed as from the commencement of this Act within the enactments m
-United Kingdom. ^ u ^ e>

Provided that this repeal shall not affect—

(1.) Anything duly done or suffered before the commencement
of this Act under any enactment hereby repealed; or
(2.) Any right or privilege acquired or any liability incurred
before the commencement of this Act, under any enactment
hereby repealed; or

(3.) Any imprisonment, fine, or forfeiture, or other punishment
incurred or to be incurred, in respect of any offence com¬
mitted before the commencement of this Act, under any
enactment hereby repealed; or

4.) The institution or prosecution to its termination of any
investigation or legal proceeding, or any other remedy for
prosecuting any such offence, or ascertaining, enforcing,
or recovering any such liability, imprisonment, fine, for-

[thb law kkfobts.]

Digitized by LjOOQle

Ch. 16,17. Merchant Seamen (.Payment of Wages, «£*c.) 43 & 44 Vict.

feiture, or punishment as aforesaid, and any such in¬
vestigation, legal proceeding, and remedy may be carried
on as if this repeal had not been enacted.

SCHEDULES.

FIRST SCHEDULE.

Chapter. Savings Banks.

24 & 25 Viet. c. 14. -
26 & 27 Vict. c. 87. -
17 & 18 Vict. c. 104. s. 180.
19 & 20 Vict. c. 41. -

Post Office Savings Banks.

} Trustee Savings Banks.
Seamen’s Savings Banks.

SECOND SCHEDULE.

(17 & 18 Vict. c. 104. in part.)

The Merchant Shipping Act, 1854,
in part: namely,

In section two hundred and forty-three, sub-section (1), the words “ to
“ imprisonment for any period not exceeding twelve weeks with or
“ without hard labour ; and also.”

In section two hundred and forty-three, sub-section (2), the words u to
“ imprisonment for any period not exceeding ten weeks with or
“ without hard labour, and also at the discretion of the court.”

Section two hundred and forty-six.

In section two hundred and forty-seven the words “ instead of com-
“ mitting the offender to prison ; ”

And section two hundred and forty-eight.

CHAPTER 17.

Holidays to be
kept in
Customs and
Inland Reve¬
nue Offices in
Scotland.

34 & 35 Vict.
c. 17.

Short title.

An Act to make provision for Holidays in the Customs and
Inland Revenue Offices in Scotland. [2nd August I 88 O .3

B E it enacted by the Queen’s most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:

L From and after the passing of this Act, the several days, each
and every of them, mentioned in the schedule to this Act shall,
subject to the provisions of sections four and five of the Bank
Holidays Act, 1871, be kept as public holidays in the Customs and
Inland Revenue Offices in Scotland, and the anniversary of the
coronation of Her Majesty and her successors and the birthday of
the Prince of Wales shall no longer be kept as holidays in any In¬
land Revenue Office in Scotland.

2. This Act may be cited as the Revenue Offices (Scotland)
Holidays Act, 1880.

SCHEDULE.

Revenue Offices Holidays in Scotland.

New Year’s Day.

Christmas Day.

If either of the above days falls on a Sunday the following Monday
shall be a holiday.

Digitized by LjOoqlc

1880. Revenue Office* (Scotland) Holidays Act , 1880. Ch. 17-19.

Good Friday.

Her Majesty’s Birthday.

The First Monday in May.

The First Monday in August.

CHAPTER 18.

An Act to amend the Merchant Shipping Act, 1854.

, [2nd August 1880.]

W HEREAS it is expedient to amend the Merchant Shipping n & 18 vi c t.
Act, 1854 : c. 104 .

1. This Act may be cited as the Merchant Shipping Act (1854) Short title.
Amendment Act, 1880.

2. Sub-section two.of section thirty-seven of the recited Act is Amendment of
hereby repealed, and in place thereof it is enacted that the following

words shall be deemed and be taken to be the second sub-section * 104 . a s to
of the thirty-seventh section of the recited Act, and the recited Act numbers of
shall be read and construed as if the second sub-section of the J?i nt owners of
thirty-seventh section thereof had been originally expressed in the 8 ips *
following words; videlicet,

Subject to the provisions with respect to joint owners or owners
by transmission herein-after contained, not more than sixty-four
individuals shall be entitled to be registered at the same time as
owners of any one ship; but this rule shall not affect the beneficial
title of any number of persons of any company represented by or
claiming under or through any registered owner or joint owner.

CHAPTER 19.

An Act to consolidate Enactments relating to certain Taxes
and Duties under the management of the Board of In¬
land Revenue. [6th August 1880.]

HEREAS it is expedient that certain Acts now in force for
the management and regulation of the duties of land tax,
inhabited house duties, and property and income tax should be
consolidated into one Act:

Be it therefore enacted by the Queen’s most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows :

PARTI.

Preliminary.

L This Act may be cited as the Taxes Management Act, 1880.

2. This Act is divided into parts, as follows:

Part I.—Preliminary.

Part II.—General.

Part III.—Commissioners, clerk, and assessor.

D 2

Shore title.
Division of Act
into parts.

Digitized by LjOOQle

Ch. 19.

Taxes Management Act, 1880. 43 & 44 Yict.

Commence¬
ment of Act.

Repeal.

Interpretation
and construc¬
tion.

5 & 6 Viet.

-c. 35.

Part IV.—Assessment.

Part V.—Appointment of collectors.

Part VI.—Collection.

Part VII.—Receipt and account.

Part VIII.—Proceedings against collectors.

3. This Act shall commence and have effect from and immediately
after the thirty-first of December one thousand eight hundred and
eighty.

4. (1.) The enactments described in the Third Schedule to this
Act are hereby repealed, subject to the exceptions and qualifications
in this Act mentioned.

(2.) The repeal of enactments or any other thing in this Act shall
not affect—

(a.) Anything done or suffered before the commencement of this
Act under any enactment repealed by this Act; nor

(b.) Any protection, right, or privilege acquired, or duty or liability
imposed or incurred, under any enactment so repealed ;
nor

(c.) Any fine, forfeiture, or other punishment incurred or to be
incurred in respect of any offence committed before the
commencement of this Act against any enactment so
repealed ; nor

(d.) The institution or prosecution to its termination of any legal
proceeding or other remedy for ascertaining any such
liability, or enforcing or recovering any such fine, forfeiture,
or punishment as aforesaid.;

(3.) All existing bonds and securities given under or in pur¬
suance of any enactment hereby repealed shall have the same force
and effect as if they had been given under or in pursuance of this
Act.

5. (1.) In this Act—

“ Additional Commissioners” means the Additional Commissioners
of the Property and Income Tax, or any two of them, ap¬
pointed under the provisions of the Income Tax Act, 1842 :

“ Assessor ” means the person or persons appointed to be assessor
or assessors respectively of income tax and inhabited house
duties for any parish in conformity with the rules and
directions of this Act or the Tax Acts, and includes the sur¬
veyor of taxes acting as assessor when required so to act:

“ Board v means the Commissioners of Inland Revenue for the
time being, or any two of them :

u Clerk ” means the clerk to the General Commissioners or to the
Land Tax Commissioners respectively appointed in accordance
with the directions of this Act:

Collector ” means the person or persons appointed to be collector
or collectors respectively of the land tax, the income tax, and
the inhabited house duties in conformity with this Act for a
parish or group, or union, electoral district, or county or
part of a county :

f ‘ Collector of Inland Revenue ” means a person appointed by the
Board to be a collector and officer for the collection and
receipt of the several revenues and duties of excise stamps
and taxes, or as his deputy :

Digitized by CaOOQle

1880. . Taxes Management Act, 1880. . Ch. 19.

“ Division ” means and includes any hundred, rape, lathe, ste wartry,
or district, or any place of separate jurisdiction under the
Land Tax Acts:

t€ General Commissioners ” means the Commissioners for the
general purposes of the income tax and inhabited house
duties, or any two or more of them acting in or for any division
under and in the execution of this Act or the Tax Acts :

“ Group ” means any parishes united or grouped for the purposes
of the collection of the duties and the land tax:

“ High Court " means Her Majesty's High Court of Justice:

“ Land Tax Acts ” means and includes any Act, or part of any
Act, relating in any way to the assessment or redemption of
the land tax:

“ Land Tax Commissioners ” means the persons appointed under
authority of Parliament for executing the Acts granting a
land tax, or any two or more of them :

“ Parish ” means and includes any town, ward, township, tithing,
parish, place, or precinct for which a separate assessment of
the duties or the land tax may be made, or for which any
assessor or collector may be lawfully appointed for the
purpose of assessing or collecting the duties or the land tax :

“ Part” means part of this Act:

“ Prescribed v means prescribed or provided by this Act or the Tax
Acts, or by the Board where the Board have power to
prescribe:

“Return” includes any list, statement, declaration, account,
schedule, or estimate in writing by whomsoever made or
from whomsoever required in conformity with the directions
of this Act or the Tax Acts :

“ Special Commissioners ” means the Commissioners for the special
purposes of the Income Tax Acts appointed by the Treasury
under the provisions of the Income Tax Act, 1842:

“Surveyor” means an inspector of taxes or surveyor of taxes
appointed by the Treasury or Board for the purposes of this
Act, the Tax Acts, and Land Tax Acts, and acting under the
authority of the Board:

“ Tax Acts v means and includes any Act or part of any Act
relating to the assessment of any person, land, tenement,
heritage, property, or profits whatever to the income tax or
to the inhabited house duties:

“The duties,"except where expressly limited, means and includes,
the duties on inhabited houses and the duties of income tax
or any of them assessed or to be assessed under this Act or
under the Tax Acts :

“The Income Tax Act, 1842,” means the Act of the session of the
fifth and sixth years of the reign of Her present Majesty,
chapter thirty-five, intituled “ An Act for granting to Her
“ Majesty the duties on profits arising from property, pro-
" fessions, trades, and offices, until the sixth day of April one
“ thousand eight hundred and forty-five ” :

" The Income Tax Act, 1853,” means the Act of the session of the
sixteenth and seventeenth years of the reign of Her present
Majesty, chapter thirty-four, intituled “ An Act for granting

5 & 6 VicC
c. 35.

5 & 6 Viet
c. 35.

16;& 17 Viet
c.,34.

Digitized by t.ooQLe

Ch. 19.

Savings for
Local Acts.

17 & 18 Viet,
c. 91.

32 & 33 Viet,
c. 67.

Substitution in
former Acts.

Savings of
Special Com¬
missioners
powers.

Savings of
powers con¬
tained in
former Acts.

High Court.

Extent of part.

Taxes Management Act , 1880. 43 & 44 Yict.

“ to Her Majesty duties on profits arising from property, pro-
“ fessions, trades, and offices

“ Treasury ” means the Commissioners of Her Majesty’s Treasury.

(2.) The Schedules to this Act shall be read and have effect as if
they were part of this Act.

6 . Nothing in this Act shall alter the effect of, or in any way
supersede—

(1.) An Act passed in the session of the seventeenth and eighteenth
years of Her present Majesty, intituled “ An Act for the
“ valuation of lands and heritages in Scotland ”:

(2.) Any Act amending such last referred-to Act:

(3.) The Valuation (Metropolis) Act, 1869.

7. (1.) In the several enactments described in the Fourth Schedule
to this Act a reference to this Act shall be deemed to be substituted
for a reference to any one or more of the enactments described
in the Third Schedule to this Act, or any enactment amending the
same.

(2.) Where any Act passed before this Act and not specified in
the Third or Fourth Schedule to this Act refers to any enactment
described in the Third Schedule, or to any enactment amending
such last referred-to enactment, the reference shall be deemed to be
to this Act.

8 . (1.) Nothing in this Act shall affect the powers conferred
on and exercised by the Special Commissioners.

(2.) Any power which in England under or by virtue of this
Act may be executed by the General Commissioners may in Ireland
be executed by the Special Commissioners.

9. All powers, authorities, rules, regulations, directions, and
penalties contained in the Tax Acts and Land Tax Acts in regard
to the mode of raising, levying, collecting, receiving, accounting for,
and securing the duties and the land tax shall, in all cases not
expressly provided for by this Act, and so far as the same are not
superseded by and are consistent with the express provisions of this
Act, be observed, applied, practised, and put in execution throughout
the respective parts of the United Kingdom, for raising, levying,
collecting, receiving, accounting for, and securing the duties and the
land tax as fully and effectually to all intents and purposes as if the
same were particularly repeated and re-enacted in this Act.

10. All matters within the jurisdiction of the High Court under
this Act shall be assigned—

(i.) In England and Ireland, subject to the Acts regulating the
High Court, to the Exchequer Division of Her Majesty's
High Court of Justice in England and Ireland respec¬
tively :

(ii.) In Scotland to the Court of Session sitting as a Court of
Exchequer.

PART II.

General.

11 . This part shall extend to Great Britain, and also to Ireland
as regards the duties of income tax so far as may be applicable.

Digitized by LjOOQle

1880.

Ch. 19.

Taxes Momagemenxt Act, 1880.

Board .

12 . The Board shall have all necessary powers and authorities Board,
for carrying this Act into execution, and shall observe and obey

in relation thereto the directions of the Treasury.

13 . The collectors of inland revenue, surveyors, and all other Officers to
officers or persons who shall be employed in the execution of this

Act, or the Tax Acts, shall observe and follow the orders, instruc¬
tions, and directions of the Board.

14 . All moneys, bills, notes, drafts, or other orders or securities Moneys to be
for the payment of money, and all remittances whatever received Exchequer*
by the Receiver General of Inland Revenue, and by every collector

of inland revenue, for or on account of the duties or the land tax,
or arising therefrom (except only so much thereof as may be
retained under sanction of the Treasury for the public service, or
for the making of any payments required by any Act of Parliament
to be made by the Board), shall from time to time be paid over
or remitted into the Bank of England, and shall be transferred to
the credit of Her Majesty's Exchequer under such regulations as
the Board from time to time under the authority of the Treasury
prescribe.

Foi'ms.

15 . (1.) The forms in the Second Schedule to this Act, or forms Forms in
to the like effect, varied as circumstances require, may be used,

and shall be sufficient in law. 1 ^

(2.) Every assessment, duplicate, charge, bond, warrant, notice The forms
of assessment or of demand, or other document required to be
used in the assessing, charging, levying, and collecting of the duties scritoriby the
and the land tax shall be made out, diawn, and prepared according Board,
to the several forms as prescribed and supplied or approved by the
Board from time to time, and shall be valid and effectual without
stating the case or the facts or evidence in any more particular
manner than is required in and by such forms.

(3.) The Board shall provide books of printed forms of receipts Books of
with counterfoils for the use of the collectors, and may from time
to time prescribe regulations for the inspection and filling up and
use of such books and counterfoils, to which regulations every
collector shall conform.

(4.) Any schedule, duplicate, or other document required to be Material of
on parchment by any Tax Act or Land Tax Act may, if the Board &c

so direct, be on paper or other material as may be by such order 1 s
prescribed, and then shall be as valid and effectual for all purposes
as if it had been on parchment.

(5.) No assessment, charge, warrant, or other proceeding which Proceedings
shall be made or shall purport to be made by virtue or in pur-
suance or in execution of this Act, or the Tax Acts, or Land Tax or mistake.
Acts, shall be quashed or deemed to be void or voidable for want
of form, or be impeached or affected by reason of any mistake,
defect, or omission therein, provided the person or property charged
or intended to be charged or affected by any such proceeding be
designated therein to common intent and understanding, and
such proceeding be in substance and effect in conformity with or
according to the intent and meaning of the said Acts.

Digitized by LjOOQle

Delivery of
forms.
Service of
notices.

Ch. 19. Taxes Mariagement Act, 1880. 43 & 44 Vict.

16 . Under this Act—

(a.) All notices and forms may be in writing or print, or partly
in writing and print:

(b.) All notices relating to the duties or the land tax that are
required to be affixed on any place, or to be delivered to
or otherwise served on any person, may be delivered by
the surveyors of the districts in which such notices are
required to the respective assessors for the purpose of
serving or affixing the same :

(c.) The delivery of such last-mentioned notices by a surveyor
shall be as effectual as if the same had been delivered by
the General Commissioners of the division or by the
Land Tax Commissioners :

(d.) Every assessor or collector is hereby required to observe
such directions as may from time to time be given to
him by the surveyor in all matters touching the time
and manner of fixing or delivering or otherwise serving
such last-mentioned notices, and the persons on whom
the same are to be served, such directions having been
previously seen and allowed by the said respective
Commissioners:

(e.) All notices or forms required or allowed to be served on any
person may be either delivered to such person or left at
the usual or last known place of abode of such person:

(/.) A notice to a person to be given by a surveyor may be
served and sent by post by a prepaid registered letter,
and in proving such service or sending it shall be suffi¬
cient to prove that the letter containing the order, notice^
or document was properly addressed, registered, prepaid,
and posted :

(g.) A notice to be given by the Board may, by their order,
be signed by one of their secretaries or assistant secre¬
taries, and any such notice purporting to be so signed by
order of the Board shall be as valid and effectual as if
signed under the hands of the Board:

(h.) All notices to be given or delivered to or served on the Land
Tax Commissioners, the General Commissioners, or the
Additional Commissioners may be given or delivered to
or served on their clerk, and such delivery to or service
on their clerk shall be a good, valid, and effectual delivery
to or service on the said respective Commissioners to
all intents and purposes.

Surveyors.

Treasury may
appoint officers
for survey and
inspection;

and may pay

incident^

charges.

17 . The Treasury may from time to time constitute and appoint
officers for the survey and inspection of the duties and for doing all
things belonging to the office of surveyor, according to the powers
vested in them by this Act, the Tax Acts, or the Land Tax Acts*
and may appoint allowances aud salaries for the surveyors, and
other officers employed as aforesaid, and also pay such incidental
expenses as necessarily attend the execution of this Act and of the
said Acts.

Digitized by LjOOQle

Ch. 19.

1880. Taxes Management Act , 1880.

18 . If a surveyor wilfully makes a false and vexatious charge of
the duties, or wilfully delivers or causes to be delivered to the General
Commissioners a false and vexatious certificate of charge of the
duties or a false and vexatious certificate of objection to any supple¬
mentary return, or is guilty of any fraudulent, corrupt, or illegal
practices in the execution of his office, or knowingly or wilfully,
through favour, undercharges or omits to charge any person, such
surveyor shall for every such offence incur a penalty of one hundred
pounds, and on conviction be discharged from his office.

Actions against Commissioners and Officers.

19 . No commissioner, sheriff, sheriff depute or substitute, clerk,
surveyor, assessor, or collector who shall act or be employed in the
execution of this Act, the Tax Acts, or Land Tax Acts, shall be
liable for or by reason of such execution to any penalty other than
such as by this Act or the said Acts may be inflicted.

20 . ( 1 .) If an action or suit be brought against a Commissioner,
surveyor, collector, assessor, or other person for anything done in
pursuance of this Act, the Tax Acts, or the Land Tax Acts, such
action or suit shall be—

(a.) Commenced within six months next after the fact committed
and not afterwards ; and

(6.) Shall be laid in the county or place where the cause of com¬
plaint arose.

(2.) No writ or process shall be sued out for the commencement
of such action or suit until the expiry of one month next after
notice in writing shall have been delivered to or left at the usual
place of abode of the intended defendant by the attorney or agent
of the intended plaintiff.

(3.) Every such notice must clearly specify and completely
contain—

(a.) The cause of action ;

(6.) The name and place of abode of the intended plaintiff; and

(c.) The name and place of abode of his attorney or agent, if any.

(4.) No evidence shall be given on the trial of such action or suit
of any cause of action other than such as is contained in such notice.

(5.) The intended defendant to whom such notice shall have
been delivered may, at any time before the expiration of such
month as aforesaid, tender amends to the intended plaintiff, or his
attorney or agent, and in case such amends shall not be accepted
may plead such tender in bar to any action or suit to be brought
against him grounded on such notice, writ, or process.

(6.) The defendant in every such action or suit may plead such
tender and any other plea with leave of the court, in bar of such
action or suit, and may give this Act and the special matter in
evidence at any trial to be had thereupon.

(7.) Every such action or suit which shall be brought against
any collector shall be defended by the respective Land Tax Com¬
missioners or General Commissioners for the division or parish
where such collector shall have been appointed by them or act under
their warrant or directions.

(8.) The costs and charges attending the same, as also any other
action or suit to be brought by or against the said commissioners

Vexatious

charges.

Liability to
penalties.

Limitation of
actions.

Defendant may
tender amends.

Actions against
collectors.

Costs to be
defrayed by
assessment.

Digitized by LjOOQle

Penalties, how
recoverable.

Mode of pro¬
ceeding before
Commissioners.

Power to
mitigate.

Adjudication

final.

Ch. 19. Taxes Ma/ncigement Act , 1880. 43 & 44 Vict.

or any collector by them appointed for anything done in pursuance
of this Act or the Tax Acts, or Land Tax Acts, shall be defrayed by
an assessment made in a just proportion on the several persons,
lands, tenements, and hereditaments liable to be assessed in the
parish in or relating to which the alleged cause of action shall
have arisen, or for which such collector shall have been appointed.

Penalties .

21. (1.) All such penalties as under this section are recoverable
in the High Court shall be sued for by information in the name of
the Attorney General for England, in Scotland in the name of the
Lord Advocate, and in Ireland in the name of the Attorney General
for Ireland, and may be recovered with full costs of suit.

(2.) The Board may at their discretion mitigate or stay or com¬
pound proceedings for any such penalty, and reward any informer
who may assist in the recovery of any such penalty.:

(3.) All penalties exceeding twenty pounds imposed by virtue
of this Act, the Tax Acts, or Land Tax Acts, excepting such as are
directed to be added to the assessments, shall be recoverable in the
High Court.

(4.) In default of prosecution within the space of twelve months
from the time of any penalty being incurred under the provisions
of this Act, or of the said Acts, no penalty or forfeiture shall after¬
wards be recoverable in any other manner.

(5.) Subject to the above restriction as to time, all pecuniary
penalties not exceeding twenty pounds imposed by virtue of this
Act, or of the said Acts, and also such of the said penalties ex¬
ceeding twenty pounds as are directed to be added to the assessment
of the land tax or the duties, shall be recoverable before the Land
Tax Commissioners and General Commissioners respectively, and in
Scotland either before the said Commissioners or before the sheriff
depute or substitute for the county, division, or parish where the
offence is committed.

(6.) The said respective Commissioners and sheriff depute or
substitute shall take cognizance of the offence in respect of which a
penalty may be imposed by them upon information in writing made
to them, and upon a summons to the party accused to appear before
them at such time and place as they shall fix; and they shall
examine into the matter of fact, and hear and determine the same
in a summary way, and on proof made thereof, either by voluntary
confession of the party accused, or by the oath or solemn affirma¬
tion of one or more credible witness or witnesses, or otherwise, as
the case may require, shall give judgment for the penalty, or for
such part thereof as the said Commissioners, sheriff depute or substi¬
tute, shall think proper to mitigate the same to, and shall assess
the penalty on the party by way of supplementary assessment,
which penalty so adjudged shall be levied in like manner as the
duties; and the said adjudication of the Commissioners, sheriff
depute or substitute, shall be final and conclusive to all intents and
purposes, without appeal; and the proceedings and decree of the
Commissioners, sheriff depute or substitute, shall not be removable
by any process whatever into any court of law or equity.

Digitized by

Google

1880.

Taxes Management Act, 1880. Ch. 19. 59

(7.) All the moneys arising from fines, penalties, issues, and All penalties
forfeitures, or shares thereof, recovered, levied, or received under mto

this Act, the Tax Acts, or the Land Tax Acts, shall be paid, by the
person receiving or recovering the same, to the collector of inland
revenue without delay, or within ten days after he receives from
. the Board an order for the payment thereof to such collector.

Execution of Warrants.

22. All constables and other peace officers are hereby required Constables and
to aid in the execution of this Act, and to obey and execute such P^^ fficers
precepts and warrants as shall be to them directed in that behalf

by the respective Commissioners under the authority of this Act.

Obstruction.

23. If any person wilfully obstructs a surveyor, assessor, or Persons
collector in the execution of his office or duties, he shall for every

such offence incur a penalty of fifty pounds. forfeit^/.

Administration of Oaths in Ireland.

24. In Ireland any one of Her Majesty's justices of the peace Justices in

may administer all oaths or affirmations required or allowed to be 7

taken by this Act or by the Income Tax Acts before a commissioner oaths.

or justice by any officer or person, in any matter touching the
execution of this Act or the said Acts.

PART III.

Commissioners, Clerk, and Assessor.

25. This Part shall not extend to Ireland.

Extent of Part.

Meetings.

26. (1.) The Land Tax Commissioners, General Commissioners* Commissioners
and Additional Commissioners respectively shall, for the execution x ? meet f ! rom
of all or any such things as are by them required to be done at a time to tlme ’
meeting by this Act, the Tax Acts, or the Land Tax Acts, meet
together from time to time within the times prescribed by this Act
or the said Acts at the most usual place of meeting within their
respective divisions.

(2.) They may meet and do any act in execution of the said May meet
Acts as Commissioners within any city, town, or place, being a ^thin an
county of itself, or otherwise having exclusive jurisdiction and ©f wreiuSve* 00
situated within, surrounded by, or adjoining to their respective divi- jurisdiction.*
sions; and all things so done by them within such city, town, or
place, as Commissioners acting for such division, shall be as valid
and effectual in law as if the same had been done within such
division.

Commissioners.

27. (1.) The General Commissioners shall be the Commissioners Commissioners
for executing the Acts relating to the inhabited house duties. forhouseduties.

(2.) The sheriff depute or substitute of any county or division in Sheriff ex-
Scotland for the time being shall be ex-officio and without other °® ci .° Com "
qualification a General Commissioner for such county or division. ml8sl0ner -

Digitized by LjOOQle

Ch. 19.

Increase of
General Com¬
missioners.

5 & 6 Viet,
c. 35.

Execution of
Acts valid
though not
within pre¬
scribed times.

Commissioners
in same county
may allow
assessments.

Execution of
warrants.

Administration
of oaths.

Books of
assessments the
property of the
Commissioners.

Delivery of
books or
papers.

Taxes Management Act , 1880. 43 & 44 Vict.

28 . The Board may, if they think fit, authorise the increase of
the number of persons to be chosen General Commissioners for any
division and of persons to supply vacancies amongst such Com¬
missioners to any number not exceeding fourteen respectively,
and such persons shall be appointed and chosen according to the
regulations contained in section four of the Income Tax Act, 1842.

29 . Should the Commissioners fail to hold any meeting or to ap¬
point a clerk, assessor, or other officer, or to do any other thing in
the execution of this Act or of the Tax or Land Tax Acts within
the time prescribed, they shall, as soon as may be after the time at
which such meeting should have been held and such power should
have been executed, meet and execute the same and cause the same
to be executed, and all such meetings and appointments (excepting
in any case in which the appointment of collector by reason of
neglect or omission or otherwise became absolutely vested in the
Board), and the performance of any such other thing as aforesaid
at any other time than the prescribed time shall, notwithstanding
such failure, be valid and effectual.

30 . If in any case the assessments and duplicates of the duties
for any parish are not signed and allowed in due time, to the pre¬
judice of the Revenue, for want of a sufficient number of General
Commissioners acting or attending where and when such assess¬
ments or duplicates ought to be allowed, any two of the General
Commissioners acting within the same county shall sign and allow
the assessments or duplicates wanting for the parish.

31 . All warrants and precepts of the General Commissioners shall
be executed by the respective persons to whom the same are directed,
in any part of the same county, for any division of which the Com¬
missioners are appointed.

32 . Any one or more of the Land Tax Commissioners and General
Commissioners may respectively administer all oaths or affirmations
required or allowed to be taken by this Act or by the Land Tax
Acts or Tax Acts before such Commissioners by any officer or
person in any matter touching the execution of this Act or the said
Acts.

33 . All assessments, duplicates of assessments, minute books, and
other public books and papers relating to the land tax or the
duties in the custody or possession of any clerk, assessor, or collector,
or of the legal representatives of any person who has died or shall
die during the holding of any such office, or after his removal from
the same, or of his agent or attorney, or of any other person, are
hereby declared to be respectively the property of the Land Tax
Commissioners and General Commissioners acting in the respective
divisions for the time being and in succession and shall be placed
with and remain in the custody and possession of them or of their
respective clerks for the time being, or of such other person as the
respective Commissioners for the time being from time to time at
their meetings direct.

34 . (1.) Every person now or at any time hereafter having in his
custody or possession any books or papers relating to the^land tax or
the duties shall, within one month next after notice in writing by
the Board (a true copy thereof being given to or left at his usual
place of abode), deliver up the same to 9uch person as the Board

Digitized by LjOOQle

Ch. 19

1880. Taxes Management Act , 1880.

by such notice shall appoint, whose receipt for the same shall be a
good and sufficient discharge to the person delivering the same;
and

(2.) If any such person fails to deliver the same according to
the notice, he shall for every such offence incur a penalty of fifty
pounds.

35. If a commissioner acting in the execution of the Tax Acts Commissioners
or the Land Tax Acts interested, in his own right, or in the right havr^voice
of any other person as his agent, in any controversy or appeal in controver-
arising under those Acts or this Act takes part in the deter- se¬
mination of such controversy or appeal and fails to withdraw him¬
self from the meeting of Commissioners at which the same is

heard and determined, he shall incur a penalty of fifty pounds.

Transfers of Parishes .

36. (1.) In England the Land Tax Commissioners may, at a Commissioners
general meeting for any county, if and as they see fit (subject as

herein provided), transfer the jurisdiction of any parish in such create nm
county from the division to which the same may then belong, divisions,
together with the quota of land tax payable by it at the time of
such transfer, to any adjoining or other division of the same
county, or to any new division, which new division the Commis¬
sioners are hereby empowered to create in any such county.

(2.) Every such alteration of divisions shall be certified in writing
under the hands of the majority of the Commissioners present at
such general meeting to the Board, and shall be subject to and
dependent on the approval of the Treasury.

(3.) If the Treasury approves of such alteration, such approval,
together with the quotas to be assessed and levied on the parishes so
transferred, shall be certified to the Commissioners of the respec¬
tive divisions by the Board.

(4.) Thereupon, and from the time fixed by the Board, the Land
Tax Commissioners and General Commissioners acting in and for the
division extended or created in manner aforesaid shall have full
jurisdiction and control in, over, and throughout every parish so
ti*ansferred, and shall and may execute all the powers and pro¬
visions of the Tax Acts, Land Tax Acts, and this Act in and through¬
out the same.

(5.) Nothing in this section shall authorize any alteration of the Proviso,
limits or jurisdiction of any of the cities, boroughs, cinque ports,
towns, and places respectively in Great Britain for which separate
and distinct quotas of land tax are provided by and enumerated in
the Land Tax Acts.

Union of Parishes.

37. (1.) For the more convenient execution of the Tax Acts Parishes may
and Land Tax Acts in England the Land Tax Commissioners for be united -
any division, at any meeting of such Commissioners convened for
that purpose, may unite any two or more parishes, and certify such
union to the Board, for the approval of the Treasury.

(2.) If the Treasury approves of such union, such approval shall
be certified by the Board to the Commissioners.

Digitized by LjOOQle

Ch. 19.

United
parishes may
be disunited.

Parishes
formed for
poor law
purposes may
be made
parishes for
the purposes <
the duties.

Inspection of
parish books.

Penalty for
refusal.

Exemption of
Commissioners
from serving
on juries.

5 & 6 Viet,
c. 35.

Taxes Management Act, 1880. 43 & 44 Vict.

(3.) Thereupon, and from the time fixed by the Board, such united
parishes shall, for all the purposes of the land tax and the duties, be
considered as one parish.

(4.) Nothing in this section shall authorize any alteration of the
quota of land tax now chargeable by law on any parish.

(5.) Where parishes have been so united and the union proves to
be inconvenient, the Treasury, on receipt of a resolution of the Land
Tax Commissioners acting for the division in which the parishes are
situate, passed at a meeting convened for the purpose, may, if they
think fit, dissolve the union either as regards all or some or one of
the parishes so united.

Poor Law Parishes.

38. (1.) Where in England, under the authority of Parliament,
any part of a parish or place has been formed into a new parish or
place for the purposes of poor law administration, or any parish or
place, or part of a parish or place, has been amalgamated with or
included within the boundaries of another parish or place for the
said purposes, the Board may, if they think fit, by order in writing,
direct that such new parish or place, or such parish or place with
which or within the boundaries of which any parish or place, or part
of a parish or place, has been amalgamated or included, shall be a
parish for which a separate assessment of the duties shall be made,
and for which assessors and collectors may be appointed for the
purpose of assessing and collecting the said duties.

(2.) In case any parish or place or part of a parish or place in the
jurisdiction of one body of General Commissioners is amalgamated
with or included within the boundaries of a parish or place in the
jurisdiction of another body of General Commissioners, such order
shall have the effect of transferring the jurisdiction to such last-
named body.

Parochial Books.

39. The Land Tax and General Commissioners, surveyors, and
assessors, or any person authorized by them, or any of them, shall
have liberty from time to time and at all seasonable times to
inspect and to take copies or extracts from any book kept by any
parish officer or other person of or concerning the rates made for
the relief of the poor, or any other public taxes, rates, or assess¬
ments, or any contributions under the management of the kirk
sessions in any place within the limits for which they shall be
appointed; and if any person in whose custody or power any of the
said books shall be fails to permit the said inspection, or the copies
or extracts to be made as aforesaid, or to attend the said Commis¬
sioners with such books when required so to do, he shall for every
such offence incur a penalty of ten pounds.

Exemption from Juries.

40. Every General Commissioner or Additional Commissioner to
whom a certificate has been or shall be granted by the Board under
the thirty-fifth section of the Income Tax Act, 1842, shall, so long
as such certificate continues in force, be discharged, not only from
the several offices referred to in the said enactment, but also from
serving on juries in the county where he dwells.

Digitized by LjOOQle

1880. Tazces Management Act , 1880. Ch. 19.

Clerk.

41. (1.) At their first meeting in each year to be held in England
before the tenth and in Scotland before the thirtieth day of April,
the General Commissioners or the major part of them shall elect a
fit person to be their clerk, and one other fit person, if the said
Commissioners shall deem it necessary, to be his assistant, for all
the assessments to be made of the several duties with which the
said Commissioners shall be charged within their respective limits
for one year, and the person so elected shall by virtue of such
election be the sole clerk to such Commissioners for all the said
assessments to be made by them for such year, and shall not be
removable from his said office during the year for which he shall be
appointed as aforesaid, except for just cause, and at a meeting of
the Commissioners for that purpose duly summoned by notice in
writing signed by such Commissioners, or in Scotland by their
respective conveners, and served on each of the Commissioners who
shall have qualified in and for the division, and by the major part
of the Commissioners present at such meeting.

(2.) The clerk shall have as remuneration the allowances as
appearing in the First Schedule.

(3.) If a clerk or clerk’s assistant wilfully obstructs or delays the
execution of the Tax Acts or this Act, or negligently conducts or
wilfully misconducts himself in the execution of any of such Acts,
he shall incur a penalty of one hundred pounds, and shall be
dismissed from the office of clerk and be incapable of again acting
as clerk or clerk’s assistant.

(4.) No clerk shall demand, take, or receive any fee, gratuity, or
perquisite for anything to be done by him as clerk by virtue and
under the authority of this Act or the Tax Acts from any person
other than the person appointed by the Board to pay the allowances
which such clerk may be entitled to.

(5.) Eveiy appointment of clerk to the Land Tax Commissioners
shall be made for the term and under the same rules and regula¬
tions for the appointment, continuance, and removal of a clerk as
prescribed by this Act.

(6.) In the event of a vacancy occurring in the course of any
year by the death, dismissal, or resignation of any clerk or other¬
wise, the Land Tax Commissioners and General Commissioners
respectively shall fill up such vacancy by the election in manner
aforesaid of a person to be clerk for the remainder of such year.

A 88 e 880 V 8 .

42. (1.) The General Commissioners shall in England before the
tenth and in Scotland before the thirtieth day of April in each year
direct their several and joint precept to such inhabitants of each
parish, and such number of them as they think most convenient, to
be assessors for such parish, requiring them to appear before the said
Commissioners at such place and at such time not exceeding ten
days after the date of the precept as they appoint.

(2.) At such their appearances the General Commissioners shall
appoint such of the said inhabitants as they think proper to be the
assessors for such parish, and shall give them instructions how
they are to make their certificates and assessments, and shall then

Appointment
of clerk.

Remuneration.

Delay of clerk
or assistant.

Clerk not to
take fees.

Land Tax
clerk.

Vacancy in
office of clerk.

Appointment
of assessors.

Digitized by LjOOQle

Justices may
appoint.

In certain
cases surveyor
to act.

Metropolis.

32 & 33 Viet,
c. 67.

16 & 17 Viet,
c. 34.

Exemption.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Yict.

and there appoint another day, which day shall not be later in
England than the twentieth day of July, and in Scotland than the
first Wednesday in August in the same year, for them to appear
before the Commissioners, and bring in their certificates of assess¬
ments, which shall be verified upon their oaths or solemn affirma¬
tions, and not otherwise.

(3.) An assessor’s appointment shall be and continue for and
during the year to commence on the sixth day of April in each
year, and until other asseSsors shall be appointed for the same
parishes, and for the same duties.

(4.) In every parish wherein assessors are not appointed before
the times limited in each year to serve for the year ensuing, the last
appointment of assessors for the parish shall continue in force until
other assessors are appointed for the parish, and for the same
duties.

(5.) Notice of continuance in office of an assessor as aforesaid
shall be given to him by the General Commissioners or by the
surveyor. By such notice such assessor may be required to attend
on a day and place named therein, then and there to receive and
take charge of all notices and papers to be delivered to him for the
due execution of his office.

(6.) In a parish where two able and sufficient inhabitants cannot
be found, the General Commissioners shall nominate and appoint
fit persons residing near such parish to be assessors for the parish.

(7.) If a failure happens in the appointment of the assessor for
any parish, whereby the assessment of the duties is likely to be
delayed, the magistrates or justices of the peace having jurisdiction
in or over such parish, or any two of them, shall, on notice of such
default given them by the surveyor, appoint an assessor, observing
therein the rules and regulations prescribed by this Act for the
appointment of such officer by Commissioners.

43. (1.) In any parish where assessors are not appointed in
pursuance of this Act, or being appointed do not take on themselves
the office at or before the time limited, or where the assessors for
any former year on whom the duty of assessors devolves do not
take on themselves the office of assessor at or before the time
limited, the surveyor of the district may execute the duty of assessor
for such parish until assessors are appointed, and take on themselves
the said office.

(2.) The surveyors acting in the metropolis as defined by the
Valuation (Metropolis) Act, 1869, shall be the assessors for any
duties of income tax which may be at any time granted and payable
under Schedules (A.) and (B.) of the Income Tax Act, 1853, upon
any property in the said metropolis, and shall also be the assessors
for the duties on inhabited houses in the said metropolis; and
nothing in this Act shall empower the General Commissioners to
appoint assessors in the metropolis as so defined for the duties
under Schedules (A.) and (B.) of the Income Tax Act or for the
inhabited house duties.

44. No person inhabiting any city, borough, or town corporate
shall be compelled to be an assessor for a place out of the limits of
such city, borough, or town.

Digitized by LjOOQle

1880.

Taxes Management Act , 1880. Ch. 19.

45. Every person appointed an assessor shall, on his appointment,
and before he acts or takes upon himself such office, make and sub¬
scribe the following declaration, viz.:

A.B . do solemnly declare that I will diligently execute the office
of an assessor to which I am appointed by authority of the
‘ Taxes Management Act, 1880, and that in the assessment which I
4 am required to make (by any Tax Act granting to Her Majesty
* any duties to be assessed under the regulations of the said Act, I
‘ will faithfully and honestly act without favour or affection,

‘ according to the best of my skill and knowledge.’

Penalties on Assessors.

46. (1.) If a person to whom a precept as aforesaid is directed For neglect to

by the General Commissioners— attend.

(a.) Wilfully neglects or refuses to appear before them according
to the tenour and effect of such precept; or
(6.) Having appeared, refuses to submit to be appointed assessor Or refusal.

of the said duties, or any of them; or
(c.) Neglects or refuses to make and subscribe the prescribed
declaration of office,

he shall for every such offence incur a penalty of ten pounds.

(2.) If a person appointed by the General Commissioners an
assessor —

(i.) Wilfully neglects or refuses to perform his duty in the due and Neglect of duty.

speedy execution of this Act and the Tax Acts:

(ii.) Wilfully neglects or refuses to charge and assess himself and
all other persons chargeable with the duties, or to make
his assessment in accordance with the law:

(iii.) Acts in the office of assessor before taking the prescribed
declaration of office,

he shall for every such offence incur a penalty of twenty pounds.

(3.) If a person appointed assessor by the justices or magistrates— Where ap-
(a.) Wilfully neglects or refuses to take on himself the office: ^Jtices by tbe

(b.) Wilfully neglects or refuses to perform his duty in the due JUS lces *
and speedy execution of such office:

(c.) Wilfully neglects or refuses to charge and assess himself and
all other persons chargeable with the duties, or to make
his assessment in accordance with the law :

(cl.) Neglects or refuses to make and subscribe the prescribed
declaration of office,

he shall for every such offence incur a penalty of fifty pounds.

47. The several assessors shall have remuneration Os appearing Poundage,
in the First Schedule.

Declaration of
office.

PART IV.

Assessment.

Year.

48. Every assessment shall be made for the year commencing Year,
and ending on the days as herein specified.

(].) As regards land tax, from the twenty-fifth day of March to
the following twenty-fourth day of March inclusive.

[TOM LAW BBirOKTS.] E

Digitized by LjOOQle

Ch. 19.

Delivery of
assessments.

Estimates in
default of
returns.

Surveyors to
examine assess¬
ments and
returns.

May amend
assessments.

Taxes Management Act , 1880. 43 & 44 Vict.

(2.) As regards inhabited house duties—

(a.) In England from the sixth day of April to the following
fifth day of April inclusive :

( b .) In Scotland from the twenty-fourth day of May to the
follpwing twenty-third day of May inclusive.

(3.) As regards income tax—

In Great Britain and Ireland from the sixth day of April to the
following fifth day of April inclusive.

Assessors Certificates .

49. (1.) On or before the day appointed by the General Com¬
missioners for that purpose, every assessor shall deliver to such
Commissioners—

(a.) His certificates of assessments under Schedules A., B., and
E. of the Income Tax Acts and of inhabited house duties ;
and

(6.) All returns relative to the duties made to him before the
above appointed day.

(2.) All returns made by the parties to be charged after that
appointed day shall be delivered to the Commissioners.

50. (1.) In case the assessor does not receive a return from a
person liable to be charged to the duties, he shall to the best of his
information and judgment—

(a.) Make an assessment on every such person of the charge which
ought to be imposed on him under Schedules A, B., and
E. of the Income Tax Acts, and under the Acts relating to
the duties on inhabited houses; and

( b .) Estimate the amount at which every such person ought to be
charged in respect of the duties under Schedule D. of the
Income Tax Acts, returning to the Commissioners the
name and residence of every such person and any other
particular the Commissioners may require.

(2.) On the delivery to the General Commissioners by the assessor
of any certificates of assessment and of estimate, and their accept¬
ance thereof, they shall forthwith deliver the same to the surveyor
for examination.

Examination of Assessments .

51. (1.) The surveyor may inspect and examine every return,
and also eveiy first assessment of the duties, made for any parish for
any year, as well before as after the respective Commissioners sign
and allow such first assessments.

(2.) Every person in whose custody any return may be shall on
the request of the surveyor deliver the same into his custody,
taking his receipt for the same; and every person in whose custody
any such assessment shall be shall on the request of the surveyor
produce the same, and the surveyor is hereby authorized to take
charge of such assessment until he has taken such copies or extracts
as may be necessary.

Amendment of Assessments.

52. If the surveyor discovers that any properties or profits
chargeable to the duties have been omitted from such first assess-

Digitized by LjOOQle

1880.

Taxes Management Act, 1880. Ch. 19.

ments, or that any person so chargeable has not made a full and
proper or any return, or has not been charged to the said duties, or
has been undercharged in the said first assessments, or has obtained
and been allowed from and in such first assessments any allowance,
deduction, abatement, or exemption not authorized by the Tax Acts,
then

(1.) As regards inhabited house duties and the duties chargeable
under Schedules A., B., and E. of the Income Tax Acts—

(a.) Before the first assessment has been signed and allowed, the
surveyor shall correct and amend such assessment, and
charge the person liable to the full amount and at the full
rate of duty at which he ought to be charged.

(b .) After the first assessment has been signed and allowed, but
within four months after the expiration of the year to
which such assessment relates, the surveyor shall certify
the particulars of any such insufficient return, default,
omission, undercharge, or unauthorized deduction to the
General Commissioners, who shall thereupon rectify the
same by signing and allowing an additional first assess¬
ment to be made in accordance with the particulars set
forth in such certificate, subject to, appeal and other pro¬
ceedings as authorized in the case of the first assessment.

(2.) As regards the duties chargeable under Schedule D. of the
Income Tax Acts, the Additional Commissioners shall at any time
after the said first assessments have been signed and allowed, but
within four months after the expiration of the year to which such
first assessments relate, make an assessment on any such person
in an additional first assessment in such sum as according to their
judgment ought to be charged on such person, subject to objection by
the surveyor and to appeal.

Place of Assessment .

53. (1.) Where a parish is in two or more counties or divisions
the duties to be charged in or for such parish shall be assessed by
the Commissioners acting for that part of the parish where the
church is situate, and the whole parish shall be deemed for the pur¬
poses of this Act and the Tax Acts to be situate in the county or
division wherein such church is situate ; and also where any dwell¬
ing-house or any other premises occupied therewith is situate in
two or more parishes the whole duties to be charged thereon shall
be assessed, raised, levied, collected, and paid in one of the parishes
only as the surveyor deems most expedient, to be notified by him
to the Commissioners acting for either of the parishes, and the
party charged shall be relieved from any second assessment made
thereon, or any part thereof, as in other cases of double assessments.

(2.) If a doubt arises as to the district or parish in which a person
ought to be assessed to the duties, and where a person has been
assessed, or shall be liable to be assessed, to the duties, in two or
more districts or parishes, the Board may order that he shall be
assessed to the duties in such district or parish as appears to them
to be proper, and he shall be assessed accordingly.

54 . (1.) If a doubt arises as to the parish in which any lands
are situate, or if such lands are extra-parochial, the Board may, by

E 2

Parish in two
counties.

Houses in two
parishes.

Board to direct
where assess¬
ments to be
made.

Doubts as to
parish to which
lands belong.

Digitized by tjOOQle

Errors of
description.

Allowance of
assessments.

Notice of ap¬
peal meetings
to be given.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict

order in writing, direct that such lands shall, for the purpose of the
assessing, charging, collecting, and levying the duties, and for all
other purposes of the Tax Acts, be annexed to and deemed to be
within such neighbouring parish, and within such division as the
Board may deem the most convenient.

(2.) After such order the duties shall be assessed, charged, raised,
collected, and levied upon the occupiers of and inhabitants on such
lands, by and under the authority of the General Commissioners for
the division, and by the surveyor, assessors, and collectors for the
parish to which such lands have been so annexed, and all regulations
contained in this Act or in the Tax Acts for the making of any
assessment, charge, or surcharge to the duties, and for the hearing
of appeals against the same, shall, as regards such lands, have
application.

(3.) The Board may revoke any such order and substitute any
other order in lieu thereof from time to time as often as it shall
appear to them to be expedient so to do.

Err or8.

55. No assessment, nor any charge made upon any assessment,
shall be impeached or affected—

(a.) By reason of any mistake therein, or in either of them,

(L) In the Christian name or names, or surname, of any
party liable to any of the duties;

(ii.) In the description of any profits or property;

(iii.) In the amount of the duty charged :

(i b .) By any variance between the notice and the certificate of
charge or assessment;

provided that in cases of charge the notice thereof be duly served
on the person intended to be charged, and such notice and certificate
do severally contain in substance and effect the several particulars
on which the charge is made ; and every such charge shall be heard
.and determined on its merits by the General Commissioners.

Allowance of Assessments.

56. (1.) After the surveyor has examined the assessments de¬
livered by the assessors, the General Commissioners shall take them
into consideration ; and in case the surveyor has not objected to
the assessments and the Commissioners are satisfied that they
have been made truly and without fraud, and so as to charge the
properties and persons contained therein with the full duty which
ought to be charged, the Commissioners shall sign and allow such
assessments.

(2.) In case the surveyor objects to any assessment and applies
for a revision thereof, suggesting in writing to the General Commis¬
sioners any error, mistake, omission, or fraud in making the same,
they shall, according to the best of their judgment, rectify such
assessment so that the proper duty may be fully charged accord¬
ing to the intent and meaning of the Tax Acts.

Appeals.

57. (1.) So soon as any assessment of the duties for a parish
shall be signed and allowed, notice of appeal meetings shall be

Digitized by LjOOQle

1880. Taxes Management Act , 1880. Ch. 19.

given as prescribed by the Income Tax Act, 1842, and the Clerk 5 & 6 Viet,
shall inform the surveyor thereof. c * 35 *

(2.) All appeals against the inhabited house duties shall be de- House duty
termined in like manner as appeals under Schedule A. of the Income app** 18 -
Tax Acts.

(3.) A person aggrieved by an assessment upon him included in Persons
any first or additional first assessment shall, on giving ten days aggrieved may
notice of objection in writing to the surveyor within the time
limited for hearing appeals, be entitled to appeal to the General
Commissioners against such assessment within twenty-one days
after the date of the notice of such assessment to the party charged
therewith.

(4.) No assessment delivered to the General Commissioners shall Assessments
be altered by them, or any of them, before the time for hearing and “hlredbefore
determining appeals, and then only in cases of charges appealed appeals, except
against, and according to the determination of the said Commis- cases autho-
sioners upon their hearing the matter of appeal particularly relat- rized *
ing thereto, upon a general appeal day duly appointed, except in
such cases only where such Commissioners are specially authorized
to alter or rectify any such assessment; and if the Clerk or any
other person alters or causes or procures or suffers to be altered .any
assessment after the'same has been allowed by the Commissioners
except as aforesaid, or in cases of appeal, and by order of the said
Commissioners, made after appeal as aforesaid, such clerk or other
person shall incur a penalty of fifty pounds.

(5.) The General Commissioners shall cause notice of the day of
appeal to be given to the appellants, and shall meet together from
time to time, with or without adjournment, until all appeals shall
have been determined.

(6.) The said Commissioners shall not, upon the hearing of any Proof of over-
such appeal, make an abatement or reduction in the charge made charge,
upon any person by assessment or surcharge by any assessor or
surveyor, but the charge or surcharge shall stand good and remain
part of the annual assessment, unless it shall, upon the hearing of
such appeal, appear to the Commissioners then present, or the major
part of them, by examination of the appellant t upon oath or affir¬
mation, or by other lawful evidence to be produced by him, that
such person is overcharged in or by such assessment or surcharge.

(7.) At every and any appeal the surveyor and assessor may then Surveyor may
and there attend,and pl^uceevi-

(a.) Give his reasons in support of the assessment or surcharge dence.
appealed against:

(6.) Produce any lawful evidence in support of such assessment or
surcharge:

(c.) Have full power and liberty to be present during all the
time of hearing such appeals and of the Commissioners
determining the same.

(8.) If on an appeal it appears to the said Commissioners that a Persons not
person assessed or surcharged ought to be charged to an amount ^ ly ^ se88ed
beyond the amount contained in such assessment or surcharge, the ST^ged.
Commissioners shall charge such person to the amount of the sum
omitted.

Digitized by LjOOQle

No barrister,
&c. to plead.

Determination
final, except
where cases are
required for
High Court.

Charges not to
be made in
certain cases.

Commissioners
may be
required to
state a case for
opinion of
High Court.

Cff. 19. Taxes Management Act, 1880. 43 & 44 Yict „

(9.) No barrister, solicitor, attorney, or any person practising the
law shall be allowed to plead before the said Commissioners on such
appeal for the appellant or officers either viva voce or by writing.

(10.) Appeals once determined by the General Commissioners, or
by the major part of them present on the day appointed for the
hearing of appeals, shall be i final; and neither the determination
of the Commissioners nor the assessment then and there made there¬
upon shall be altered at any subsequent meeting, or at any other
time or [place, except by order of the High Court when a case has
been required as provided by this Act.

58. The determination of the General Commissioners after appeal
on an objection made by the surveyor to an assessment on any
person to the duties, or to any estimate on which any assessment is
made for any year, shall preclude the surveyor from afterwards
making a further charge for the same year on the same person
in respect of the same matter, property, or profits included in the
assessment or estimate before objected to and determined as afore¬
said.

Cases for Opinion of High Court

59. (1.) Immediately upon the determination of any appeal under
the Income Tax Acts by the General Commissioners, or by the
Special Commissioners, or any appeal under the Acts relating to the
inhabited house duties by the General Commissioners, the appellant
or the surveyor may, if dissatisfied with the determination as being
erroneous in point of law, declare his dissatisfaction to the Commis¬
sioners who heard the appeal, and having so done may, within
twenty-one days after the determination, require the Commissioners,
by notice in writing addressed to their clerk, to state and sign a
case for the opinion of the High Court thereon. The case shall
set forth the facts and the determination, and the party requiring
the same shall transmit the case, when so stated and signed, to the
High Court within seven days after receiving the same, and shall
previously to or at the same time give notice in writing of the fact
of the case having been stated on his application, together with a
copy of the case to the other party, being the surveyor, or the
appellant, as the case may be.

(2.) In relation to cases to be so stated, and the hearing thereof,
the following provisions shall have effect:

(a.) The party requiring the case shall, before he shall be
entitled to have the case stated, pay to the clerk to the
Commissioners a fee of twenty shillings for and in respect
of the case :

(6.) The High Court shall hear and determine the question" or
questions of law arising on a case transmitted under this
Act, and shall thereupon reverse, affirm, or amend the
determination in respect of which the^case has been stated,
or remit the matter to the Commissioners with the opinion
of the High Court thereon, or may make such other order
in relation to the matter, and may make such order as to
costs as to the High Court may seem fit, and all such orders
shall be final and conclusive on all parties :

(c.) The High Court shall have power, if they think fit, to cause
the case to be sent back for amendment, and thereupon

Digitized by LjOOQle

1880.

Taxes MaTiagement Act, 1880. Ch. 19.

the same shall be amended accordingly, and judgment shall
be delivered after it shall have been amended:

(d) The authority and jurisdiction hereby vested in the High
Court shall and may (subject to any rules and orders of the
High Court in relation thereto) be exercised by a judge of
the High Court sitting in chambers, and as well in vacation
as in term time:

(e.) The High Court may from time to time, and as often as they
shall see occasion, make and alter rules and orders to regu¬
late the practice and proceedings in reference to cases stated
under this Act.

(3.) An appeal shall lie from the decision of the High Court, or
of any judge thereof, upon any case stated under the above pro¬
visions to Her Majesty's Court of Appeal, and from thence to the
House of Lords, and from the decision of the Court of Session, as
the Court of Exchequer in Scotland, upon any case so stated to the
House of Lords.

(4.) The fact that a case so stated is pending before the High
Court therein referred to shall not in any way interfere with the
payment of the income tax or inhabited house duty according to the
assessment of the Commissioners by whom the case was Btated, but
the income tax or inhabited house duty shall be paid according to
such assessment, as if the case had not been required to be stated,
and in the event of the amount of assessment being altered by the
order or judgment of the High Court the difference in amount, if
too much has been paid, shall be repaid with such interest (if any)
as the High Court may allow, and if too little, shall be deemed to
be arrears (except so far as any penalty is incurred on account of
arrears), and shall be paid and recovered accordingly.

Double Assessments.

60. Whenever it appears to the satisfaction of the Board that a Relief to
person has been assessed more than once to the duties for the same pereons doubly
cause and for the same year, they shall direct the whole or such c ged ‘
part of such one or more of the assessments as appears to be an
overcharge to be vacated, and thereupon the same shall be by such
order vacated accordingly.

Books of Assessments.

6L (1.) Whenever and so soon as the General Commissioners Books of
and Land Tax Commissioners shall have signed and allowed any a88e88ment *
assessment to the duties or the land tax, and the time limited for
hearing any appeals therefrom shall have elapsed, the Clerk shall
number the pages in such book of assessment, and duly cast up and
total the sums in each page.

(2.) The Clerk shall forthwith and before the next ensuing Account of
receipt transmit to the collector of inland revenue an account on a total8#
form prescribed by the Board, showing the total sums to be paid by
and for each parish, together with the names and addresses of the
collectors appointed to receive the same.

Changes.

62. (1.) If a person assessed under Schedule D. of the Income Sunreyorto
Tax Acts ceases within the year of assessment to carry on the ^

Digitized by LjOOQle

72 Ch. 19. Taxes Management Act , 1880. 43 & 44 Vice.

Commissioners concern in respect of which the assessment is made, and is succeeded
andad*oatthe therein by another person, the surveyor shall, within four months
^sessment. * from the fifth day of April next after such change, certify to the
General Commissioners for the district in which the assessment is
made the particulars thereof, and the Christian and surname and
place of residence of the person assessed, and of the successor to the
concern, and the date of the change in the carrying on of the
concern, if the same be known to the surveyor.

(2.) On receipt of such certificate the Commissioners shall cause
notice to be given to the respective parties of a meeting of Com¬
missioners for considering the same; and the Commissioners shall,
on the examination of the respective parties, if in attendance, or on
other satisfactory proof of the facts, adjust the assessment by charging
the successor with a fair proportion thereof from the period of his
succeeding to the concern and relieving the person originally assessed
from a like amount.

(3.) The determination of the Commissioners on any such certifi¬
cate shall be final, and the assessment so adjusted shall be recoverable
from the respective parties in like manner as an original assessment;
and if either of the parties has paid in respect of an assessment so
certified more than the proportion which appears by the determina¬
tion of the Commissioners to be chargeable on him, the amount so
overpaid shall, when recovered from the party liable, be paid to the
person by whom the overpayment was made.

Charges may
be made in
cases of omis¬
sions.

Notice to

persons

charged.

Proof of notice.

Omissions from First Assessments .

63. (1.) Where the surveyor discovers that a person liable to any
of the duties has not been assessed in respect thereof in any first or
additional first assessment, he may, at any time within the year
following the year for which such person ought to have been chained,
charge the person liable to the amount which ought to have been
charged within the year of assessment, to the best of his judgment,
and certify the particulars of such omission and charge to the
General Commissioners, who, upon delivery of any such certificate,
and upon oath being first made either by the surveyor or other
credible witness of the due service of a notice of charge on the
person so charged, shall sign and allow the said certificate as herein¬
after prescribed, but subject to appeal

(2.) The surveyor shall give to every person so charged notice of
such charge, and the particulars thereof.

(3.) The certificate of the surveyor with oath of service of the
notice of charge shall be deemed sufficient proof of the contents
thereof, unless the contrary be shown on the production of such
notice to the General Commissioners by the party charged; and no
proof of the contents of any such notice shall be required by the said
Commissioners to be given to them either by a copy thereof or
otherwise previous to their signing or allowing the said certificates,
nor upon appeal therefrom, nor other proof in any matter relating
to [the same, except the oath of the person who shall have made
service of such notices, and which shall be in the form and to the
effect following; that is to say,

‘ T A.B. do swear that a notice was duly served upon each person
‘ X mentioned in the above certificate containing the particulars as

Digitized by LjOOQle

1880. Taxes Management Act , 1880. Ch. 19. 73

* set forth therein respectively on the day or days mentioned in the
‘ said certificate.’

(4.) If any person wilfully and corruptly makes a false statem'ent
in any such oath of service he shall be guilty of misdemeanor, and
shall be liable to imprisonment for six months with or without a
fine not exceeding fifty pounds.

(5.) No charge upon any assessment of duties shall be allowed or Time
signed unless the certificate thereof shall be delivered to the General
Commissioners within the year following the year of such assessment.

(6.) The delivery of any such certificate of charge by any sur- Delivery,
veyor to their clerk in default of a meeting of the said Commis¬
sioners shall be deemed a sufficient delivery.

(7.) In default of a meeting of the Commissioners before the
time limited for the hearing of appeals from the charges of the
surveyor, or if the said surveyor shall not have had notice of a
meeting of the Commissioners, they shall, at their first meeting to
be held thereafter, sign and allow the said certificates, and afterwards
hear and determine all appeals therefrom.

Amended Return,

make amended
return.

64. (1.) A person to whom such notice of charge has been given Tenons sur-
may, within ten days from date of such notice, whether he shall have
made a return before or not, * " *"

(a.) Deliver to the surveyor a true and perfect return containing
all particulars required by the Tax Acts ; or
(6.) Give notice in writing to the surveyor that he doth abide by
the return before made by him.

(2.) To such return or notice shall be annexed a declaration,
signed by the person to whom such notice of charge has been given,
in his own name and handwriting or sign, and also signed and
attested by one credible witness at the least. Every such declara¬
tion shall allege—

(a.) The grounds and cause of his neglect to make a return ;

(6.) The grounds and cause of each omission made or mentioned
in the notice of charge to have been made in such former
return; or

(c.) The grounds and cause of each claim of exemption, allowance,
or deduction made in the former return; and
( d .) That the return or amended return to which the said decla¬
ration is annexed is a true and perfect return of all
particulars required of the declarant by the Tax Acts, to
the best of his judgment and belief; and
(e.) That such neglect, omission, or claim was not made with
intent to defraud the Revenue.

Declaration.

(3.) The surveyor may object to such return or amended return, Objections to
or declaration thereto annexed, and shall in such case serve notice
of objection on the party charged, and certify such return or u

amended return and declaration annexed thereto, with the cause
of his objection, to the General Commissioners, who shall thereupon
cause the assessment to be made according to such last-mentioned
certificate of • objection, from which charge no abatement shall be
made except on the appeal of the party so charged.

Digitized by LjOOQle

Satisfaction

therewith.

Time limit.

False declara¬
tion.

Indictment.

Appeals
against sur¬
charges.

Treble duty.

Ch. 19. Taxes Management Act, 1880. 43 & 44 Vicr.

(4.) If the surveyor is satisfied with such return or amended
return and declaration annexed thereto, he 'may certify his satis¬
faction therewith to the General Commissioners, who shall thereupon
cause the party charged to be assessed on the amount of such return
in single duty.

65. (1.) Every person charged in pursuance of this Act by the
certificate of any surveyor shall have the period of ten days after
service of the notice of charge to deliver his amended return to the
surveyor, and no certificate of charge shall be signed or allowed by
the General Commissioners nor any appeal heard from such charge
before the expiration of such period

(2.) If the person so charged shall, before the expiration of the
said period, deliver a return and declaration which the surveyor
objects to, such return and declaration shall be a sufficient notice of
appeal from such charge to the Commissioners.

(3.) If the person so charged shall not, before the expiration of
the said period, deliver a return or declaration, the Commissioners
may, on his or his agent’s appearance before them, and the delivery
to them of a return and declaration as is herein required on the
day appointed for hearing appeals from the charges of the surveyor,
hear and determine the matter of such charge, although the person
charged shall not have given any previous notice of his intention
to appeal.

(4.) In default of the appearance of the party charged or of his
agent before the Commissioners on the day of appeal, or in default
of the production of a return or declaration as aforesaid, the certifi¬
cate of charge shall be confirmed by the Commissioners.

66. (1.) If a person in any such declaration wilfully and fraudu¬
lently declares anything which is false, he shall be guilty of mis-
demeanor, and shall be liable to imprisonment for not exceeding six
months, and be fined in a sum not exceeding treble the amount of
duty for which he has been charged, as the Court before whom such
trial shall be had shall order.

(2.) The indictment for such misdemeanor shall be laid in the
county where the declaration was exhibited to the General Commis¬
sioners.

Appeals against Surcharges.

67. (1.) Appeals against surcharges shall be heard and deter¬
mined according to the directions prescribed in respect of appeals
against the first assessments of the same duties.

(2.) If a person surcharged is prevented by absence or sickness,
or other sufficient cause, to be proved before the General Commis¬
sioners on the oath or solemn affirmation of the said person or
otherwise, from appealing within twenty-one days after the date of
the notice of charge, or from attending in person within such time,
the Commissioners may postpone the hearing of the appeal for such
time as may to them appear necessary.

68. (1.) On every surcharge allowed by the General Commis¬
sioners on appeal in whole or in part the assessment shall be made
on the amount of the surcharge allowed in treble the rate of duty
prescribed in the Tax Acts.

Digitized by CaOOQle

1880.

Taxes Management Act , 1880. Ch. 19.

(2.) But the General Commissioners may remit in whole or in
part such treble duty and charge in single duty only, where they
are of opinion—

. (a.) That the assessment might have been amended by the sur¬
veyor by means of the original return of the person
charged:

(6.) That the alleged default, neglect, omission, or claim of
exemption, allowance, or deduction was not wilfully made
with intent to defraud the Revenue:

(c.) That the person charged was prevented from making an
amended return in due time by absence or sickness or
other sufficient cause:

(d.) That there was reasonable cause of doubt or controversy on
the part of the appellant on the subject matter of appeal.

Supplementary Assessments .

69 . A certificate of surcharge shall be sufficient authority to the Supplementary
General Commissioners to cause supplementary assessments of the a88e8Sments *
duties to be made from time to time. The supplementary assess¬
ments shall include all surcharges according to the certificates of
surcharge amended in cases requiring amendment according to the
determination of the Commissioners, and all treble duties or pails

thereof assessed over and above the rates of duty prescribed in the
Tax Acts and all penalties imposed by the Commissioners within
the year of assessment for offences against the Tax Acts or this Act.

Charge Duplicates.

70 . ( 1 .) The respective Land Tax and General Commissioners Duplicates
shall yearly cause two duplicates of the charge by every assessment showin £

to be made out on the prescribed form by their clerk. ^se^ents to

(2.) One of such duplicates shall be delivered to the proper be made out.
collector of inland revenue, and the other transmitted to the Board,
within the times herein-after limited.

(3.) The said duplicate shall be made as regards land tax for
the same parishes and divisions for which distinct duplicates are
directed to be made out or may be made out under the Land Tax
Acts, and as regards the duties for such parishes for which a separate
assessment of the duties may be made.

(4.) The said duplicates shall contain— Contents.

(a.) The names and surnames of the several assessors and col¬
lectors for every parish and division ; and

(6.) The full amount of the sums given in charge to each collector
throughout the whole year, without any discharge, dimi¬
nution, or defalcation on any pretence whatever.

(5.) The said duplicates shall be made out, delivered, and trans¬
mitted on or before the thirty-first day of March in each year, or
if the assessments shall not then have been made within one month
at farthest after all appeals against such assessments shall have
been heard and determined.

(6.) If the Clerk neglects or refuses to make out and deliver such Penalty,
duplicates within the time and in manner herein-before directed, or
wilfully makes any false entry in or omits any sum from such
duplicates, he shall incur a penalty of one hundred pounds, and on
conviction be discharged from his office.

Digitized by LjOOQle

Ch. 19.

Extent of Part.

Collecting

groups.

Nomination of
collectors.

Office not com¬
pulsory.

Penalty in
default of
notice.

Taxes Management Act , 1880. 43 & 44 Vicr.

PART V.

Appointment of Collectors [England].

71 . This Part shall not extend to Ireland or except where
expressly mentioned to Scotland.

Grouping of Parishes .

72. (1.) The Land Tax Commissioners acting for a division
may, with the assent of the Board, group parishes together in such
division for the purposes of collection; and parishes so grouped
shall for such purposes, but for such purposes only, be deemed and
taken to be one parish.

(2.) Where parishes have been so grouped and the grouping
proves to be inconvenient, the Land Tax Commissioners may, with
the assent of the Board, dissolve the grouping either as regards all
or some or one of the parishes so grouped.

Nomination .

73 . (1.) The Land Tax Commissioners and General Commissioners
shall, in the month of April in each year, nominate one or more
able and sufficient person or persons, being resident within each
parish or group, to the office of collector of taxes for every such
parish or group within the division for which such Commissioners
act.

(2.) In the event of there being no able or sufficient person
willing to take the office of collector resident within the parish or
group, the respective Commissioners may nominate an able and
sufficient person resident within a neighbouring parish or group.

(3.) It shall not be compulsory on any person to accept the
office of collector, and no person shall be liable to any penalty for
neglecting or refusing to take upon himself the said office, provided
he within fourteen days after the notification to him of his appoint¬
ment either personally or by registered letter addressed to the clerk
to the said respective Commissioners signifies his refusal to accept
the office.

(4.) In the event of a person so nominated not giving notice in
the above manner within the prescribed time, and on his failing
when required by the respective Commissioners to attend a meeting
for the purpose of receiving his appointment and warrant as collector,
he shall incur a penalty of twenty pounds.

(5.) On the expiration of the time above limited for declining the
office the said respective Commissioners shall appoint such person or
persons as they think fit, who has or have been nominated and has
or have not declined the office in the prescribed manner, to be col¬
lector or collectors for the parish or group for which he or they
have been nominated.

(6.) The fact of the nomination or appointment of a person to
be collector shall be notified to him personally, or by a registered
letter sent through the general post.

(7.) In any case in which a person nominated as collector for a
parish or group declines in manner aforesaid the office, the respective
Commissioners may nominate some other able and sufficient person
to the office, proceeding in the manner herein-before directed with
regard to any such or any subsequent nominations.

Digitized by LjOOQle

1880.

Taxes Management Act > 1880. Ch. 19.

(8.) If the collector for any parish shall not have been appointed
on or before the thirty-first day of May in any year, the power of
appointing a collector for such parish for that and for every subse¬
quent year shall absolutely vest in the Board, and the Board shall
appoint a collector for such parish.

(9.) In the event of the death of a collector for any parish or
group in the course of any year, or before the collector’s accounts for
such parish for such year shall have been closed, the Board or the
Land Tax Commissioners and General Commissioners respectively,
by whom such collector was for such year appointed, may appoint
to the vacant office such person or persons as they may think fit
and who may not decline the office in manner aforesaid.

(10.) If a vacancy so occurring by the death of a collector be not
filled within forty days from the date of death by the Land Tax
Commissioners and General Commissioners where the appointment
to such vacancy has to be made by them, the power of filling such
vacancy for such year shall vest in the Board.

Security to the Crown .

74. (1.) The Board may whenever they think fit—

(a.) Give notice to the Land Tax Commissioners and General
Commissioners that they require any or all of the persons
nominated or appointed collectors in or for any parish or
group or division specified in such notice, to give security
to the satisfaction of the Board for the due collecting,
accounting for, and paying over of the moneys collected
or to be collected by such persons respectively, and for the
due performance of their duties as such collectors :

(6.) Cause the like notice to be given to any person who has been
appointed collector.

(2.) After such notice to the Commissioners it shall not be lawful
for them to appoint any person to be collector in or for any such
parish or group or division, unless he shall previously have given
security to the satisfaction of the Board.

(3.) In case a person who has been appointed collector, and to
whom such notice as aforesaid shall be given, fails to give security
within the time limited by the notice for that purpose, his nomina¬
tion, and appointment, and authority as collector shall cease at the
end of that time.

Appointment by Board .

75. (1.) If after a notice as aforesaid given by the Board there is
neglect or delay in the appointment of collectors who previously
have given security to the Crown, or a failure on the part of a
person nominated or appointed collector to give such security, the
Board may appoint a collector or collectors of the land tax and the
duties in or for the parish or group or division in or with respect to
which such neglect, delay, or failure has occurred.

(2.) A person appointed by the Board collector for a parish or
group shall have, use, and exercise, and is hereby invested with the
like powers and authorities as by this Act and the laws in force a
collector appointed by the Land Tax Commissioners and General
Commissioners respectively could or might use or exercise or is
invested with.

Board may
require se¬
curity.

In default of
security being
given Board
may appoint.

Digitized by LjOOQle

Security.

Conditions of
bond.

Commis¬
sioners, inhabi¬
tants, &c. may
require secu¬
rity.

Bonds free
from stamp
duty.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict.

(3.) The appointment by the Board of a collector shall be by
warrant under their hands, and a warrant of the Board directed to
a person appointed by them to be collector shall have the like force
and effect and confer the like power and authority as a warrant of
the said respective Commissioners directed to a person appointed by
them to be collector.

76. (1.) The security to be given in pursuance of this Act to the
satisfaction of the Board shall be either by bond to the Crown, to
be entered intp by the collector, with sureties, to be approved by
the Board, or as the Board determine, and in such sum as the Board
require.

(2.) The condition of every such bond shall be that the said
collectors shall—

(a.) duly demand the land tax, the duties, and moneys of the
persons on whom the same are assessed, or from whom the
same are payable ; and

( b .) in case of nonpayment thereof enforce the powers of this Act
and the several Acts in that behalf against those who make
default; and

(c.) account for and pay over all such moneys as shall come
to their hands as or for any land tax or the duties to
the proper officer appointed by the Board for the receipt
thereof; and

(d.) such further and other terms and provisions as the Board
may deem fit and proper.

Security to the Commissioners.

77. (1.) The Land Tax Commissioners and General Commis¬
sioners may require collectors on their appointment to give security
to their satisfaction.

(2.) Any two or more inhabitants of a parish or group being
respectively charged to the land tax or the duties in the assessment
for the year current, may by notice in writing to the respective
Commissioners require that the person whom they propose to ap¬
point collector for such parish or group shall give security to the
satisfaction of the Commissioners, such notice to be served personally
on or by registered letter addressed to their clerk, and after receipt
of such notice it shall not be lawful for the Commissioners to appoint
a person who has not given such security.

(3.) The security to be given to the Commissioners may be by a
joint and several bond, with two sureties at the least, to and in the
names of any two or more of such Commissioners, and the penal
sum in any such bond shall, if so required, be equal to the whole
land tax duties and moneys assessed in the parish or group, and
to be collected by the person whom it is proposed to appoint
collector for such parish or group, and from whom security is
required.

Exemption from Stamp Duty.

78. No bond or other security given under this Act by a col¬
lector or other person in respect of the collection, accounting for, or
remitting of .the land tax or the duties shall be liable to stamp
duty.

Digitized by LjOOQle

1880.

Ch. 19.

Taxes Management Act , 1880.

Liability of Parishes .

79. (1) No parish shall be answerable for the acts, neglects, or
defaults of a collector appointed by the Board, or who gives security
to the Crown, nor shall a parish be liable to be re-assessed for an
arrear or deficiency of the land tax or the duties arising from any
default or failure of such collector.

(2.) Where the collector of a parish is not appointed by the
Board or does not give security to the Crown the parish shall be
answerable for the amount of the land tax and the duties, and for
the same being duly demanded of the^ persons charged therewith,
and for the collector, or his executors or administrators, duly pay¬
ing over the sums received by him to the collector of inland
revenue.

(3.) Every arrear of the land tax and the duties arising from
the default or by the failure of a collector for which a parish is
answerable, shall be re-assessed within or upon such parish as soon
after such default shall be discovered as conveniently can be done,
and shall be charged on the amount of the assessment which shall
be made for the same tax or duties in the year commencing from
the fifth day of April preceding the time of making such re-assess¬
ment, by duly apportioning the amount of such arrear amongst the
several persons assessed in that year to the same tax or duties re¬
spectively on which such arrear shall have accrued, according to each
person’s assessment thereof, as nearly as the case will admit, and by
the like rules, methods, and directions by which the original assess¬
ment was made of the same tax or duties to be raised and levied in
such manner as any assessment may by this Act, the Tax Acts, or
Land Tax Acts be raised and levied.

Poundage.

80 . The several collectors in England shall have remuneration as
appearing in the First Schedule.

Appointment of Collectors (Scotland).

8L (1.) The Treasury shall appoint the collectors of the land tax
and of the duties in and for Scotland.

(2.) The Treasury may appoint distributors of stamps in Scotland,
or any of them, or other persons to be collectors or other officers for
collecting and receiving the land tax and the duties in Scotland
and for such parts of Scotland as the Treasury may think fit.

(3.) Such salaries and allowances as the Treasury think fit shall
be granted * to such distributors or other persons who shall hold
their respective offices during the will and pleasure of the Treasury
or the Board.

(4.) Such distributors or other persons shall, before they act in
the execution of their respective offices, give security to the satis¬
faction of the Board.

(5.) No county or burgh in Scotland shall be liable for any de¬
ficiency in the collection of the land tax or the duties occasioned by
the default of any collector appointed as aforesaid.

(6.) If a person other than a distributor of stamps in Scotland is
appointed to be collector or other officer as aforesaid, a return show-

parish not
liable for
delimit where
Board take
security.

In other case
parish liable.

Arrears to be
re-assessed.

Poundage to
collectors.

Treasury to
appoint.

Allowances.

Security,

No liability to
re-assessment.

Return to
Parliament.

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Interpretation.

Savings

Duties when
due.

Duties assessed
after 1st Jan¬
uary.

Clerk to
prepare
duplicates.

Delivery to
collectors and
surveyor.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict.

ing the Dame of such person, with his salary and allowances, shall
be laid by the Treasury before Parliament within twenty-one days
after the commencement of the session of Parliament which shall
next follow every such appointment.

(7.) In this section the term “distributor of stamps'’ includes
“ sub-distributor of stamps.”

(8.) With respect to any local taxes or assessments nothing in
this section shall affect any right of the Commissioners of Supply
to appoint collectors of such taxes or assessments, and when in any
Act in regard thereto anything is required to be done by or any
power is granted to the collectors of land tax, such thing may
be done and such power may be exercised by the collectors of the
said local taxes or assessments appointed by the Commissioners of
Supply.

PART VL
Collection.

Time for Payment

82. (1.) In England the land tax and the duties, except only
such duties of income tax as are payable by way of deduction, or are
assessable in respect of railways, and in Ireland the'income tax (with
the like exceptions as in England) in every assessment for every
year shall be payable on or before the first day of January in such
year.

(2.) In Scotland the land tax and duties, except only such duties
of income tax as are payable by way of deduction, in every assess*
ment for every year shall be payable on or before the first day of
January in such year.

(3.) The land tax and duties included in any assessment 1 what¬
ever for any year, signed and allowed as by this Act directed on or
after the first day of January in any such year, shall be deemed to
be due and payable on the day next after the day on which such
assessment may be signed and allowed by the Land Tax Commis¬
sioners or General Commissioners respectively.

Collectors Duplicates .

83. (1.) When and so soon as any assessments of the land tax and
duties or any of them shall have been signed and allowed by the
Land Tax Commissioners and General 'Commissioners respectively,
and the time for hearing appeals against such [assessments shall
have expired, the said respective Commissioners shall forthwith
sign and seal respectively one duplicate of every land tax assessment
and two duplicates of every assessment of the duties, which dupli¬
cates shall be duly prepared by the clerk to the said respective
Commissioners on the prescribed forms.

(2.) The respective Commissioners shall deliver the duplicate of
the land tax assessment and one of the said duplicates of the assess¬
ment of the duties, together with warrants for collecting the same
in the prescribed form to the collector of the parish for which the
assessments are made, and the other of the said duplicates of the
assessment of the duties they shall deliver to the surveyor for the
district. The assessments shall be kept by the clerk for the use of
the said Commissioners respectively.

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1880. Taxes Management Act , 1880. Oh. 19.

(3.) A collector who has been required to give security under this
Act, shall not have delivered to him his duplicates and warrants
until he has given such security.

Additional First Assessments.

84. (1.) Any assessments not made, or against which any appeal Cases not then
shall be depending when the first assessments are signed and allowed, determined to
shall, on the making or determining of the same, from time to time fi^tMaess-
be added to such first assessments, and to the respective duplicates ments.
thereof, by being included in a separate form of assessment and
duplicate, and the duties therein which ought to have been pre¬
viously collected and paid shall be collected, levied, and paid by the
collector.

(2.) Any person having in his custody or possession any such
duplicate, and refusing to deliver over the same to the collector
appointed in conformity with this Act, on demand made by him
for the same, shall incur a penalty of one hundred pounds.

Demand.

85. (1.) Every collector shall, when the land tax and the duties Collectors to
become due and payable, make demand of the several sums contained demand duties,
in the duplicates given him by the Land Tax and General Commis¬
sioners in charge to collect from the persons charged therewith, or

at the places of their last abode, or on the premises charged with
the assessment or duties, as the case may require.

(2.) The collectors of house duty and income tax under Schedules
(A.) and (B.) shall, in the demand note delivered previous to pay¬
ment, distinctly describe the property and specify the amount of
the assessment and the rate at which the duty or tax is charged
upon such assessment.

(3.) On payment of the land tax and the duties the collector shall To give
give acquittances under his hand on the prescribed form (without recelpte '
charge for such acquittances) unto the persons who pay the same.

Recovery.

86. (1.) If a person refuses to pay the sum charged upon him Collectors on
by virtue of the Land Tax Acts, the Tax Acts, or this Act, on payment of
demand made by the collector, according to the assessments and refSsedu?
warrants to him delivered by the Land Tax and General Commis- distrain.
sioner8, such collector may, and he is thereunto authorized and
required, for nonpayment thereof, to distrain upon the messuages,

lands, tenements, and premises charged with such sum of money, or
to distrain the person so charged by his goods and chattels, and all
such other goods and chattels as the collector is hereby authorized
to distrain, without any further authority from the said respective
Commissioners for that purpose than the warrant to such collector
delivered on his appointment.

(2.) For the purpose of so levying ,a distress, a collector may. May under
upon warrant under the hands and seals of the said respective wa ™ a ho^es ak
Commissioners, obtained for that purpose, break open in the daytime open e *
any house or premises, calling to his assistance any constable or
other peace officer for the parish, group, or division where any
refusal, neglect, or resistance shall be made. And it shall be the
[the law reports.] F

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Levy.

Powers of
33 Geo. 3, c. 55.
may be used in
recovery of
arrears.

Collectors
advancing
duties may levy
the sum paid.

No goods to be
taken except at
the suit of
landlord for
rent unless
party pay
arrears.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vice.

duty of all constables or other peace officers, when so required, to aid
and assist the collector in the execution of such warrant and in
levying the distress in the house or premises.

(3.) A levy or warrant to break open shall be executed by or
under the direction and in the presence of the collector.

(4.) Every distress levied by a collector shall be kept for the
space of five days at the costs and charges of the person so refusing
to pay.

(5.) If the said person does not pay the respective sums of
money so due within the said five days, then the said distress shall
be appraised by two or more of the inhabitants where the said
distress is taken, or other sufficient persons, and there be sold by
public auction by the said collector or his deputy, for payment of
the said money ; the overplus coming by the said distress (if any
there be), after deducting the said money and also the costs and
charges of taking, keeping, and selling the said distress, which costs
and charges the said officer is hereby authorized to retain, shall be
restored to the owner thereof.

(6.) The provisions in regard to warrants of distress contained in
an Act passed in the thirty-third year of His late Majesty King
George the Third, intituled “ An Act to authorize justices to impose
“ fines upon constables, overseers, and other peace and parish officers
“ for neglect of duty, master of apprentices for ill usage of such
u their apprentices, and also to make provision for the execution of
“ warrants of distress granted by magistrates,” shall apply to levies
and distraints made by collectors for recovery of the duties or land
tax.

87. If a collector advances and pays over to the collector of inland
revenue any sum of money for or on account of the land tax or the
duties assessed on any other person, whether at bis request or not,
such collector may, in default of repayment to him at any time
within the space of six months after such payment, levy the land
tax or the duties by the like ways and methods as such collector
might have levied the same before such payment thereof to such
collector of inland revenue, and as if the same had not been paid or
satisfied.

88. (1.) No goods or chattels whatever belonging to any person
at the time any of the duties or the land tax became in arrear shall
be liable to be taken by virtue of any execution or other process,
warrant, or authority whatever, or by virtue of any assignment,
on any account or pretence whatever, except at the suit of the land¬
lord for rent, unless the party at whose suit the said execution or
seizure shall be sued or made, or to whom such assignment shall be
made, shall, before the sale or removal of such goods or chattels, pay
or cause to be paid to the collector all arrears of the said duties or
land tax which shall be due at the time of seizing such goods or
chattels, or which shall be payable for the year in which such seizure
shall be made, provided such duties and land tax shall not be
claimed for more than one year.

(2.) In case the duties and land tax shall be claimed for more
than one year, then the said party at whose instance such seizure
shall have been made, paying the said collector the aforesaid duties
and land tax due for one whole year, may proceed in his seizure as

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1880. Taxes Management Act , 1880. Ch. 19.

he might have done if no duties and land tax had been so claimed;
but in case of refusal to pay the said duties and land tax the said
collector is hereby authorized and required to distrain such goods
and chattels, notwithstanding such seizure or assignment, and to
proceed to the sale thereof according to this Act, in order to obtain
payment of the whole of the said duties and land tax so assessed,
together with the reasonable costs and charges attending such dis¬
tress and sale; and every such collector so doing shall be indemnified
by virtue of this Act.

89 . If any person shall refuse or neglect to pay any sum charged
upon him by virtue of the Tax Acts or this Act within ten clear days
after demand as aforesaid, and no sufficient distress can or may be
found whereby the same may be levied, the General Commissioners
may by warrant under their hands and seals commit such person to
prison, there to be kept without bail until payment shall be made
of that sum or security given for payment thereof, together with
such further sum as the said Commissioners shall adjudge to be
reasonable for the costs and expenses of apprehending and conveying
to prison such person; and every such person shall be detained and
kept in prison according to the tenor and effect of such warrant.

Certificates of Removal.

90 . (1.) Whenever duties are charged upon and unpaid by a
person who shall have removed from the parish in which the
assessment to such duties is made, the General Commissioners for
such parish shall sign and transmit by the intervention of the Board
a certificate thereof to the General Commissioners acting within the
parish where the person making such default of payment shall have
removed to or happen to reside in or be, which last Commissioners
shall raise and levy the said duties charged upon the person
removed as aforesaid, and cause them to be paid over to the collector
of inland revenue; and where any such person shall have removed
to another parish within the jurisdiction of the Commissioners by
whom the assessment was made they may, by certificate, direct
and authorize the collector for such last-mentioned parish to raise
and levy the duties charged upon and unpaid by such person.

(2.) Whenever any person charged with the duties in any part
of Great Britain or Ireland removes to any other part of Great
Britain or Ireland without paying and discharging the duties
charged upon him, the General Commissioners, or Special Com¬
missioners acting as General Commissioners for the parish in which
the assessment of such duties in default was made, shall sign and
transmit by the intervention of the Board a certificate thereof to
the Commissioners acting for the parish in the other part of Great
Britain or Ireland to which such person making such default
of payment shall have removed or happen to reside at, which last-
named Commissioners shall raise and levy the said duties charged
upon the person removed as aforesaid, and cause the moneys so
raised and levied to be paid over to the Exchequer.

(3.) Where no sufficient distress can be found within the dis¬
trict of the said Commissioners for the parish to which any such
defaulter may have removed, they are hereby authorized and re¬
quired, by warrant under their hands and seals, to commit the per-

F 2

Commissioners
may commit
defaulter.

Commissioners
to iBsae certi¬
ficates of
removal.

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Release of
prisoners.

Liability of
parents,
guardians, and
executors.

Assessments
under number
or letter in
arrear.

5 & 6 Viet,
c. 35.

Notification of
special assess¬
ments to col¬
lectors of
inland revenue.

Saving as to
English and
Irish railways.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vicr.

son so making default of payment to prison, there to be kept with¬
out bail until payment shall be made of the said duties, or security
be given for payment thereof, and of all reasonable costs and ex¬
penses, including costs for apprehending such person and convey¬
ing him to prison.

Prisoners .

91 . By the direction of the Treasury or Board the General
Commissioners shall issue their warrant to the gaoler or keeper
of the prison in which any such person may be detained under
their warrant as aforesaid for the liberation of such prisoner, and
upon the receipt of such first-mentioned warrant such gaoler or
keeper shall forthwith release and discharge out of custody such
prisoner if for no other cause than as set forth in the warrant of
commitment he shall be detained.

Parents and Etcecutors .

92 . Where a person chargeable with the duties is under the
age of twenty-one years, or where a person so chargeable shall die,
in such case the parents and guardians of such infant, on default
of payment by such infant, and the executors and administrators of
the person so dying, shall be liable to and charged with the pay¬
ments which the said infant ought to have made and the person
so dying was chargeable with; and if such parents or guardians,
or such executors or administrators, neglect or refuse to pay as
aforesaid, it shall be lawful to proceed against them in like manner
as against any other person making default of payment of the
duties; and all parents and guardians making payment as aforesaid
shall be allowed all sums paid for such infants in their accounts ;
and all executors and administrators shall be allowed to deduct
all such payments out of the assets and effects of the person so
dying.

Number or Letter Assessments .

93 . Whenever the duties on any assessment made under a
number or letter in pursuance of the provisions of the Income
Tax Act, 1842, become due and in arrear, the General Commis¬
sioners shall cause the said assessments to be added to the dupli¬
cates in the hands of the respective collectors to whom the collec¬
tion of the duties assessed on persons by names shall have been
intrusted to be collected by the same ways and methods and under
the like powers and provisions as such last-mentioned duties are
directed to be collected.

Special Assessments.

94 . An extract from any assessment made by the Special
Commissioners, certified under the hand of their clerk, in such form
as the Board may prescribe, shall be a sufficient authority to the
proper collector of inland revenue to whom such extract may be
transmitted to receive, bring to account, and give discharges for
the duties of income tax included in such extract and paid to him.

Savings .

95 . Railway companies in England and Ireland shall pay the*
duties of income tax under Schedule D., by four quarterly pay-

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1880. Taxes Management Act , 1880. Ch. 19.

ments; namely, on or before the twentieth day of June for the
first quarterly instalment, and on or before the twentieth days
•of September, December, and March in each year for the second,
third, and fourth quarterly instalments respectively.

Recovery in Ireland.

96 . In the application of this Part to the collection, levy, and Savings aa to
recovery of the duties assessed under Schedules A. and B. of the IreIaud *
Income Tax Acts in Ireland, nothing shall alter the effect of or
supersede section seventeen of the Income Tax Act, 1853 ; and any i 6 & 17 Vfct.
power which in England would be exercised in the recovery of the c. 34 .
duties by a collector for a parish or group may, in Ireland, be exer¬
cised by a collector for an union or other collecting district.

Recovery in Scotland.

97 . In Scotland the following provisions shall have effect:

(1.) Upon certificate made to them by the collector for the Recovery of
division, district, or county, that any of the duties or land tax are gcotland^ m
due and not paid, the General Commissioners or Land Tax Com¬
missioners respectively or sheriff depute or substitute for the
county shall issue a warrant for the said collector recovering the said
^duties or the land tax by poinding or distraining the goods and
effects of any person entered in such his certificate as being a
^defaulter.

( 2 .) Such warrant shall be executed by the constables or sheriff’s
officers of the county.

(3.) The goods and effects so poinded or distrained shall be de¬
tained and kept on the ground or at the house where the same were
poinded or distrained, or in such other place, of which the owner
shall have notice, near to the said ground or house, as the officer
or constable so poinding and distraining the same shall think
proper, for the space of five days, during which time the said goods
and effects shall remain in the custody of the said officer or con¬
stable liable to the payment of the whole duty in arrear, and to
the costs to be paid to the officer or constable who poinded the
same, as herein-atter directed, unless the owner from whom the
same were poinded and distrained shall redeem the same within the
said space of five days by payment of the said duties and land tax
in arrear and costs to the officer or constable, to be settled in the
.same manner as if the said goods and effects had been sold as
herein-after directed.

(4.) The goods and effects so poinded or distrained shall, after
the expiration of the said five days, be valued and appraised by any
two persons to be appointed by the officer or constable (which two
persons shall be obliged to value the same, under the penalty of
forty shillings sterling for each neglect or refusal), and shall be
sold and disposed of, at a sum not less than the value, by the officer
or constable who does poind the same.

(5.) The value shall be applied in the first place to the satisfac¬
tion and payment of the duties or land tax owing by the person
whose goods are so poinded, and in the second place to the pay¬
ment for the trouble of the officer or constable so poinding, at the
rate of two shillings per pound of the duties for which the goods

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Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict.

shall be so poinded and distrained, unless the owner from whom
the same were poinded or distrained shall redeem the same by pay¬
ment of the appraised value, within the space of five days after
the valuation, to the officer who poinded the same.

(6.) In case any surplus remains of the price or value after pay¬
ment of the said duties, and after payment of what is allowed to be
retained by the officer or constable in manner herein directed, such
surplus shall be returned to the owner from whom the goods were
poinded or distrained.

(7.) In case no purchaser appears at the said sale, then the
said goods and effects so poinded and distrained shall be consigned
and lodged in the hands of the sheriff depute of the county, or his
substitute, and if not redeemed by the owner within the space of
five days after the consignment in the hands of the said sheriff de¬
pute or substitute, the same shall be rouped, sold, and disposed of,
by order of the sheriff, in such manner and at such time and place
as he shall appoint, he alwa} r s being liable to the payment of the
duties to the said collector, and to payment to the officer or con¬
stable who shall have poinded and distrained the same, for their
trouble and expense as before stated, and to the fees due to the
officer or constable, and shall be in the third place entitled to one
shilling per pound of the value of the goods so disposed of, for
his own pains and trouble, after preference and allowance of the
said duties, and of what is appointed to be paid to the officer or
constable for their trouble.

(8.) There also shall be allowed to the officer or constable so
poinding and distraining the expense of preserving the said goods
and effects, and of maintaining the cattle, if there should happen
to be any among the goods and effects so poinded and distrained,
from the Itime of poinding and distraining the same, during the
period allowed to the owner to redeem them, and also the expense
of the sale; and in like manner the expense shall be allowed to the
sheriff for preserving and maintaining the goods or cattle poinded
and distrained, during the period that the owner is allowed to
redeem after consignment in his hands, and until the sale thereof
and also the expense of the sale ; and where no goods or effects
sufficient for payment of the said duties can be found to be so
poinded and distrained, and the person liable neglects or refuses
to pay the same, fin every such case the Commissioners, or the
sheriff depute or substitute, is hereby authorized, by warrant, to
commit such person to prison, there to be kept without bail until
payment shall be made or security for payment be given.

(9.) Every auctioneer, or seller by commission, selling by auction
in Scotland any goods or effects whatsoever by any mode of sale at
auction, shall, at least three days before he begins any sale by way
of auction, deliver or cause to be delivered to the collector of the
said duties respectively within whose district such sale is intended
to be, a notice in writing, signed by such auctioneer or seller by
auction, specifying therein the particular day when such sale is to
begin, and the name and surname of the person, with his place of
residence, whose goods^and effects are to be sold.

(10.) If any such auctioneer or seller by auction shall sell any
such goods and effects by way of auction without delivering the

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1880.

Taxes Management Act , 1880. Cff. 19.

notice herein-before required to be delivered, every such auctioneer,
or person selling by auction, offending therein shall for such offence
incur a penalty of fifty pounds.

Payment in Postage Stamps .

98 . The Treasury may authorize collectors to receive and may In Scotland or
make regulations for the receipt of postage stamps for payment meiTtmay be
of land tax and the duties, or any of them, payable in Scotland made in post-
or Ireland; such postage stamps shall be delivered over to the Post- a £ e stamps,
master General or his officers, and the amount or value thereof

paid out of the revenue of the post office to the inland revenue,
and accounted for as moneys arising from the said land tax and
duties.

\Payment by Post Office Orders .

99 . (1.) A person liable to the payment of land tax or the In Scotland
duties in Scotland having received the accustomed notice thereof, V^osT
may, within twenty-one days after receiving such notice, produce office orders,
the same at any money order office of the General Post Office in
Scotland, and pay to the postmaster there the sum payable accord¬
ing to such notice, and thereupon the said postmaster shall deliver

tojhim a post office order payable at the General Post Officp in
London to the Receiver General of Inland Revenue for the said
sum, less the commission for such order, which order such person
shall forthwith transmit to the collector at the office for receipt
in a prepaid letter, specifying the particulars of the payment in
such form as shall be prescribed and provided by the Board for that
purpose.

(2.) Upon the receipt of the said order and letter, with the
particulars and the form aforesaid, r the collector shall credit the
person named in the said letter with the amount specified in the
said order, and with the said commission, in like manner as if the
same had been paid to the collector in cash.

(3.) The provisions of this section shall, if the Treasury direct,
be made applicable to and have operation in any parish in England
in and for which the collector is appointed by the Board.

PART VII.

Receipt and Account.

Receipts .

100 . (1.) The Board may appoint in each year days of re- Appointment
ceipt for each county, division, parish, or group, and may adjourn of ^^P**
such receipts from time to time.

(2.) At such receipt so appointed, every collector for each
county, division, parish, or group shall account for the full amount
of duties, land tax, and moneys given him in charge to collect.

(3.) The Board may require a collector to remit weekly or
oftener to the Exchequer in anticipation of the receipt the amount
of his collection, and may prescribe regulations as regards remit¬
tances and the mode thereof, which all collectors shall obey.

101 . The collector shall pay over or account for the land tax, Collectors to
duties, and moneys given him in charge to collect to the collector accouut

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the 1st January
in every year.

Unlawful
receipt of
public moneys.

Ch. 19.

Taxes Management Act, 1880. 43 & 44 Vicr.

Proceedings at
receipts.

Collectors of
inland revenue
may administer
oath and put
questions.

of inland revenue or the proper officer for receipt on the day
to be appointed for the receipt of the land tax and the duties
next after the first day of January in every year.

102. If a person not duly appointed for that purpose or
authorized by the Board in that behalf knowingly or wilfully takes
or receives from a collector any sum of money arising from the
duties or the land tax collected or received by such collector, the
person so taking or -f receiving such sum of money shall forfeit
double the amount of the sum so taken or received, such forfeiture
to be recovered in the High Court.

103 . On the appointed day of receipt, every collector for the
division, district, group, or parish for which such receipt is held shall
attend such receipt, and

(a.) Pay over to the collector of inland revenue or otherwise/as
and if so required to do by the Board, all moneys re¬
ceived by him, and then in his hands and unaccounted
for as collector, for which payments such collector shall
receive receipts or discharges :

(6.) Deliver then, or to the Land Tax Commissioners and General
Commissioners of the division respectively within three
4 days afterwards, schedules of arrears in the prescribed
form, with affidavits subscribed to be made on his oath or
affirmation, and by him signed, setting forth the Chris¬
tian and surname of each defaulter in his parish or group
from whom he has demanded but has not then received
payment of the land tax, duties, or moneys given him in
charge to collect, and k the respective sums then in arrear
from each such defaulter:

(c.) Bring with him and produce to the collector of inland
revenue or surveyor, whenever by either of them required,
his duplicate of assessment, showing the respective sums
by him collected and received duly written off in the said
duplicates:

(d.) Answer any lawful question demanded of him by the col¬
lector of inland revenue or surveyor touching the duties,
moneys, or taxes given him in charge to collect.

104 . At the times appointed for the delivery of schedules of
arrears every collector of inland revenue may

(a.) Administer an oath to every collector (or being a person by
law allowed to declare or affirm instead of swearing, a
solemn affirmation) that he has fully paid all the sums
by him collected or received of or for the land tax ^r
the duties, and has fully accounted for all sums not col¬
lected or received in the schedule then delivered, and
every collector shall true answer make to all such ques¬
tions as shall be demanded of him:

(b.) Examine each collector on any matter touching the sums
collected and the sums in arrear, and the substance of the
answer or answers which any collector shall give on such
examination shall in his presence be reduced into writing,
and read to him, with liberty to alter and amend the
same in any particular; and every such collector shall

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1880. Taxes Management Act , 1880. Ch. 19. 89

write or sign his assent to the same in his own handwrit¬
ing or sign, and in his usual manner of writing or signing
the same.

Schedules of Arrears.

105 . (1.) Every schedule of arrears shall remain with the General The schedule
Commissioners for forty days, during which period the collector £e ground of
shall give notice of such schedule to the defaulters named therein process.

in such manner as the Commissioners direct.

(2.) A defaulter within the like period may pay his arrears to
the collector, and the Commissioners shall discharge the arrears so
paid from the schedule.

(3.) The Commissioners may issue fresh warrants to collect any
of the arrears within the said forty days, and during that period use
any lawful methods for the recovery of the said arrears, or direct
the arrears to be levied by the collector under his former warrant.

(4.) Such fresh warrants may be directed to the collector or to
any other person whom the Commissioners shall think proper, with
authority to levy by distress and sale in the manner directed by
the Tax Acts or this Act the sums in arrear, together with all costs
and expenses attending the said process and the execution thereof;
and the sums so levied, after deducting the said costs and expenses,
shall be paid to the collector of inland revenue, or otherwise as the
Board may appoint, and shall be discharged from the schedule.

(5.) The person to whom such warrant is directed shall in the
execution thereof act in obedience to the directions of the Com¬
missioners.

(6.) On the expiration of the period of forty days a schedule of
arrears may be certified to the High Court by and under the hands
of the collector of inland revenue or of the General Commissioners.

106 . The schedules of arrears when so certified shall be trans- Board may
niitted to the Board, who may before forwarding the same to the sche *
High Court direct the collector to use any method allowed by law

for the recovery of any arrear therein included.

107 . (1.) In default of the schedules of arrears being delivered Failure to
by a collector at the receipt, or within the space of three days after- de ^^ uch
wards as aforesaid, the collector of inland revenue to whom the 8C ue '
payments of the said duties shall not have been made at the times
appointed for the receipt, may certify to the High Court the
amount of the duties remaining unpaid to the best of his know¬
ledge and belief, and the particular parish and the division where

such failure has happened, together with the name of the collector
of the said parish.

(2.) Such certificate of a default of a collector for non-delivery Levy of issues,
of a schedule of arrears shall be a sufficient authority to a judge of
the High Court to cause immediate process to be issued out of the
office of the Queen’s Remembrancer against the collector.

(3.) Upon which writ the sheriff or other officer to whom the
said process shall be directed shall levy issues after the rate of one
shilling for every twenty shillings of the sums so unpaid or un¬
accounted for by the said certificate, and shall pay the moneys so
levied, after deducting the costs, charges, and expenses to be settled
and allowed by the Board, to the proper officer of Inland Revenue;

Digitized by LjOOQle

Ch. 19.

Taxes Management Act , 1880. 43 & 44 ViCT.

and the said sheriff shall make immediate return of the said process
to the High Court according to the due course thereof.

(4.) The Board, after payment of the duties in arrear so certified,
may cause such issues to be remitted in whole or in part, after
deducting thereout the costs and charges attending such process
and levy, to be settled and allowed by them.

Collectors to
make a return
upon oath of
persons from
whom the
duties cannot
be collected.

Schedules of
discharge.

Schedules of
default.

Defaulters
returned in
schedule.

Schedules of Deficiencies.

108 . (1.) Every collector shall make a due return, fairly written
on the prescribed form under his hand, to the General Commissioners,
containing—

(a.) The names, surnames, and places of abode of every person
within his collection from whom he has not been able to
collect or receive the duties for any of the causes mentioned
in the section next following;

( b .) The particular reason for returning each defaulter ; and

(c.) The particulars of the sum or sums charged upon every such
person in default.

(2.) The Commissioners, after the examination of every collector
on oath or affirmation, shall—

(i.) Ascertain the sums which, according to the Tax Acts, have
been or may be discharged from any assessment for a
cause specially allowed by such Acts, and make out their
schedules of discharges containing such sums;

(ii) Make out their schedules of defaulters containing—

(a.) The sums with which each defaulter ought to be
charged, and the particulars thereof; and
(6.) The sums which have not been collected by occasion
of the collector’s neglect, and for which he shall
be held liable, and which ought to be re-assessed
on the parish.

(3.) The said Commissioners shall cause the said several particu¬
lars to be inserted by their clerk in schedules of discharge and
default on the forms prescribed, and shall affix their hands and
seals to such schedules.

(4.) The said Commissioners shall transmit their said schedules
to the Board, which schedules shall be deposited at the head office
of the Board.

109 . No collector shall insert in any schedule of deficiencies the
name of a person to be returned into the High Court as not having
paid the duties, unless such collector shall make oath, or make and
subscribe a solemn affirmation (which said oath or affirmation shall
be indorsed and certified on the said schedule), to the effect follow¬
ing; namely,

(a.) That the sum for which such person is so returned in
default is due and wholly unpaid either to such collector
or to any other person for such collector, to the best of his
knowledge and belief;

(i b .) That such person became bankrupt before the day on which
the duties became payable, and had not goods and chattels
sufficient whereon to levy such duties within the parish
or limits for which such collector has been appointed at
any time since such duties became payable; or

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1880.

Taxes Management Act , 1880. Ch. 19-

(c.) That such person removed from the parish or limits for which
such collector has been appointed before the day on which
such duties became payable without leaving therein suffi¬
cient goods and chattels whereon such duties then payable
could be levied; and

(d.) That there were not nor are any goods and chattels of any
person liable to the payment of such duties in arrear or
any part thereof whereby the same or any part thereof
might be levied.

Re-delivery of Boolcs by Collectors .

110 . Every collector shall, on clearing his accounts for any of the Books to be
duties or the land tax, deliver to the Board or Commissioners by up hj

whom he was appointed all duplicates of the assessment for the
year and tax to which such accounts relate, together with the
books of receipts and counterfoils furnished for his use.

Proceedings for Arrears.

m. (1.) Any duties contained, charged, or assessed in or by any Duties may be
assessment thereof made under the Tax Acts or this Act, may be JrVcourt

sued for and recovered, with full costs of suit, and all charges ^ u

attending the same, from the person charged therewith in the High
Court as a debt due to the Crown, or by any other ways or means
whereby any debt of record, or otherwise due to the Crown, can or
may at any time be sued or prosecuted for or recovered, as well as
by the summary means specially provided by this Act, or the Tax
Acts, for levying the said duties.

(2.) A schedule of arrears delivered on oath or affirmation by a
collector and certified to the High Court as prescribed, and a
schedule of defaulters made or purporting to be made in pursuance
of this Act, and certified under the hands of the Board to the High
Court, shall be sufficient evidence of a debt due to the Crown, and
sufficient authority to a judge of the High Court to cause process
to be issued against any defaulter named in any such schedule to
levy the sum in arrear and unpaid by such defaulter.

(3.) The production of a schedule of arrears or defaulters made
or purporting to be made in pursuance of this Act, and purporting
to contain the name of a defaulter, shall be sufficient evidence of
the sum mentioned in such schedule having been duly charged and
assessed upon such defaulter, and of the same being due and owing,
and in arrear and unpaid to the Crown.

Insupers.

112 . (1.) In case there is a failure— Parish to be

(a.) To assess or charge the duties or land tax in any parish : set insuper f(?r

(b.) To return the duplicates of the assessments of the duties or accounted for
land tax made for any parish : and return

( c .) To raise or pay the several sums charged upon any person ™ ade t0 "
for the duties or land tax in any parish : ourt *

The Board may at any time after such failure set insuper all
sums so appearing in arrear, and may return such failure
to the High Court by certificate thereof delivered to the
Queen’s Remembrancer.

Costs and
duties re¬
assessed may
be recovered as
duties are
recovered.

Application of
surplus land
tax.

Ch. 19. Taxes Management Act , 1880. 43 k 44 Vict.

(2.) Such return shall specify—

(i.) The parish and division and county where such failure has
happened;

(ii.) The cause of such failure, so far as the same be known to
the Board;

(iii.) The names of any two or more of the Land Tax Commis¬
sioners and General Commissioners for the division in
which such failure has happened ;

(iv.) The names of the assessors and collectors and the several
persons belonging to such parish charged with the duties,
and who shall have made failure in the payment thereof
in case an assessment shall have been made.

(3.) Such Commissioners, assessors, and collectors, and any person
charged with the duties or the land tax shall be respectively liable
to process for such failure according to the exigency of the case.

(4.) Every parish so returned insuper for a sum not accounted for
to the collector of inland revenue and contained in the duplicate
of assessment to him delivered shall be liable to be re-assessed in
respect of such sums so returned insuper, excepting in such cases
as parishes are by special enactment relieved from liability to re¬
assessment.

(5.) The Queen's Remembrancer shall cause such certificate to be
enrolled in his office. Such enrolment shall be a record in his office
as valid and effectual to authorize the issuing of process against the
county, division, parish, and person.

(6.) Such process shall be forthwith, and from time to time as
there shall be occasion, issued out of the High Court on the appli¬
cation of the Board, against such of the said Commissioners, officers,
or persons who shall have made such failure.

Recovery of Re-assessments.

113 . The authorities, powers, and provisions contained in this
Act, or in the Tax Acts, or in the Land Tax Acts relating to the
recovery of the duties and land tax, either under the warrant of the
respective Land Tax Commissioners and General Commissioners
directed to the collectors in their respective districts, or by process
from the High Court, shall be applied, enforced, and put in execution
for the levying and enforcing the payment of any sum assessed or
re-assessed by the said Commissioners for duties or costs, either
under the authority of this Act, or of any other of the said Acts.

. Surplus Land Tax.

114 . (1.) On the warrant or instructions for making the assess¬
ment of the land tax to be delivered in each year, to the assessors
for each parish, the Land Tax Commissioners shall certify, or cause
to be certified by their clerk, the amount of the quota or sum in
charge against such parish under the provisions of the Land Tax
Acts.

(2.) Such certificate shall distinguish the proportion exonerated
from the amount to be raised by assessment for the particular year,
and the parish to which any such warrant or instructions shall
relate.

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1880. Taoces Management Act , 1880, Ch. 19.

(3.) If the total amount of the sums charged in any year by the
assessment made under the Land Tax Acts for a parish exceeds the
actual amount of the quota or proportion of land tax charged and
to be raised in such parish, the clerk to the Land Tax Commissioners
acting for the division shall (under penalty of twenty pounds for
neglect or refusal so to do) make and insert at the foot of the
duplicate a correct summary according to the prescribed form
relating to every such assessment.

(4.) All powers and provisions in regard to the collection of the
duties or the land tax shall be put in execution for levying, securing,
and recovering the excess of or surplus land tax in any assessment,
as if the assessment, including any such excess or surplus moneys,
contained no more than the quota or proportion of land tax payable
by such parish to which the same shall relate.

(5.) Every such excess and surplus shall bfc accounted for and
paid over in the due and ordinary course of collection and of receipt
and account in like maimer as the duties and land tax are required
to be accounted for and paid over.

(6.) A collector wilfully detaining, withholding, or misapplying or
refusing or neglecting to account for or disregarding or disobeying
any lawful directions given to him in regard to any such excess of
or surplus land tax, shall be liable to the same penalties as are pro¬
vided for the detention, withholding, or misapplication of, or for the
refusal or neglect to account for, or for the disregard of or dis¬
obedience to any lawful directions given to a collector in regard to
any duties or land tax.

(7.) Evqry such sum of excess of or surplus land tax so paid and
accounted for shall be paid into the Bank of England to an account
opened in the books of the said Bank, with the Commissioners for
the Reduction of the National Debt, and entitled “ The Account of
Surplus Land Tax.”

(8.) The Board shall cause to be opened and kept in the books
of their head office at Somerset House an account with every parish
respectively, and in every such last-mentioned account shall be
entered the sums of money collected from every such respective
parish and paid over and accounted for as such surplus land tax as
aforesaid.

(9.) Whenever the amount of such surplus land tax standing to
the credit of any parish in any such account as last mentioned shall
be sufficient, according to the rules established by law for computing
the consideration of money for the redemption of land tax, to redeem
the sum of three pounds land* tax, or to redeem the whole of the
land tax chargeable on such parish if the same shall be less than
three pounds, the Board shall certify that fact to the Commissioners
for the Reduction of the National Debt, who shall thereupon apply
and appropriate in the purchase and cancelling of parliamentary
stocks or annuities such sum of the moneys standing in their names
to the credit of the said account of surplus land tax as the said
Board shall certify to them to be a sufficient consideration, computed
according to the rules aforesaid, for the redemption of the amount of
land tax mentioned in their certificate as intended to be redeemed
thereby.

Excess to be
shown on
duplicate.

To be paid to
Bank of
England.

Account to be
opened at head
office.

To be applied
in the redemp¬
tion of land
tax.

Digitized by LjOOQle

Allowance to
collectors and
assessors*

Final sche¬
dules.

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict.

(10.) Notwithstanding the foregoing provisions of this section,
the Land Tax Commissioners for any division in which any such
excess of or surplus land tax shall in any year arise may—

(a.) If such excess of or surplus land tax for any parish does not
amount to five pounds, allow the collector of land tax for
such parish to retain the same, certifying such allowance
to the Board on the prescribed form before the collector
is required to clear his accounts:

(6.) Before any such excess or surplus is paid over, accounted for,
and applied in manner aforesaid, cause to be deducted from
the amount of such excess, and to be paid to the respective
assessors of land tax of the several parishes in which such
excess shall arise, as a remuneration to the said assessors
for their trouble in making the assessment to the land tax,
such sum of money out of the excess for any such parish
as they certify to be a reasonable remuneration to the
assessors of such parish, and as the Board shall approve,
and subject to such approval.

(11.) On the dealing of his account for any year, every collector
of land tax shall make a return in the prescribed form on oath to
the Land Tax Commissioners of arrears of land tax which cannot
be recovered by him, and for which he shall claim credit in reduc¬
tion of the amount of excess of or surplus land tax upon the assess¬
ment for such year charged against him in the Commissioners
duplicate.

(12.) No collector shall be allowed to insert in any such schedule
of arrears of land tax the Dame of any person as not having paid
the land tax unless such collector shall make oath or make and
subscribe a solemn affirmation (which said oath or affirmation shall
be indorsed and certified on the said schedule)—

(a.) That the sum for which such person is so returned in default
is due and wholly unpaid either to such collector or to
any other person for such collector, to the best of his
knowledge and belief; and

(6.) That such person had not goods and chattels sufficient whereon
to levy the said sum of land tax within the parish or
limits at any time since such sum became payable ; and

(c.) That there were not nor are any goods and chattels or any
distress whatever upon the premises charged with the
payment of the said sums within set forth, and men¬
tioned to be in arrear, whereby the same or any part
thereof might be levied.

(13.) On or before the twenty-fourth day of December following
the expiration of every year of assessment the Land Tax Commis¬
sioners acting for every division shall certify to the Board an account
of the excess of each assessment within their division by the amount
of five pounds sterling over and above the quota for such year.
Such certificate shall be prepared by the clerk to the said Commis¬
sioners on and according to the prescribed form, and shall be by him
transmitted to the Board.

Digitized by

Google

1880.

Ch. 19.

Taxes Management Act, 1880.

PART VIII.

Proceedings against Collectors.

Failure to raise Duties {England).

115 . (1.) Every surveyor in England, whenever he sees occa- Surveyors may
sion, may report to the Land Tax Commissioners and General Com- foUure to^raise
missioners— duties.

(a.) In any matter or thing touching the conduct of any
collector within their division;

(6.) In every case where there shall be a failure of assessing or
charging the duties in any parish; or
(c.) Of raising or paying the several sums respectively charged
on any person chargeable in such parish; or
(ei.) In the making out or returning any duplicates of assessments
by their clerk, or of doing any other act required by this
Act or any Tax Act to be done by such clerk;
stating in his report—

(i.) The particulars of his complaint against such collector or
other person acting as aforesaid; and
(ii.) What in his opinion ought to be done therein.

(2.) Whenever any surveyor shall have reported to the said Com¬
missioners as aforesaid, they shall summon a meeting within a
reasonable time after such report, of which meeting the surveyor
shall have notice, and shall attend thereat, and assist in the con¬
sideration of the measures necessary and expedient to be taken in
the execution of the said Acts and this Act.

Examination of Collectors {England).

110 . (1.) In England the Land Tax Commissioners and General Commissioners
Commissioners may, whenever they think expedient, and shall JecSre before
whenever required by the surveyor, call before them the collector them,
of the duties or land tax appointed by them for any parish or
group whose accounts for any year are not finally closed, and ex¬
amine him upon oath or affirmation as to the state of his accounts
and collection, and make such order for the payment of the sum
found due by such collector, and appoint a time for such payment
to the collector of inland revenue as they shall judge necessary.

(2.) The said Commissioners, whenever they shall have received
notice of the holding of a receipt for any division, group, or parish,
may, and on request made by the surveyor shall, call before them
any collector appointed by them for such division, group, or parish,
and may, after examination of such collector in manner aforesaid,
give such collector a certificate and order of the sum to be paid by
him to the collector of inland revenue, which certificate shall be pre¬
sented and delivered up to the collector of inland revenue by the
collector on his attending to make such payment of the moneys
by him collected and received.

Revocation of Appointments.

117 . (1.) If delay or failure happens in demanding, receiving, Collectors
recovering, or paying over the land tax or the duties or moneys
through the wilful neglect of a collector, whether appointed by the dismissed, and

Land Tax Commissioners and General Commissioners or by the othere ap¬
pointed.

Digitized by LjOOQle

Ch. 19. laxes Management Act , 1880. 43 & 44 Vict.

Board, such Commissioners or Board may respectively revoke their
appointment of such collector, and appoint a collector in his stead
for the remainder of the year, with full power to collect the arrears
of the sums then due.

(2.) The said respective Commissioners or Board, whenever neces¬
sary, may revoke such last-mentioned appointment, and appoint a
collector in like manner from time to time and as often as any such
collector shall be guilty of such neglect, provided security be taken,
if required, as in the case of an original appointment, and provided
the like security be taken on every such new appointment as has
been required to be taken on the appointment of the collector; and

(3.) Such collector so in default shall, when required by the
said Commissioners or Board, deliver up to them or in their pre¬
sence to the collector newly appointed, or to the surveyor, all the
certificates of assessments which he was charged to collect, and all
books, receipts, and counterfoils, and vouchers of payment, and also
shall pay to the collector of inland revenue all sums then in his
hands at such time as such Commissioners or Board shall appoint.

Commissioners
empowered to
seize, sell, and
convey estates
of defaulting
collectors.

Seizure of Estates.

118 . (1.) If a collector fails to pay any land tax or duties or
moneys by him received as collector, and detains in his hands, and
does not pay or account for the same in manner directed by this
Act, the Land Tax Commissioners and General Commissioners, in
their respective divisions, may imprison the person, and seize and
secure the estate, as well freehold as copyhold, and all other estate,
both real and personal, of such collector to him belonging or which
shall have descended or come into the hands or possession of his
heirs, executors, administrators, or assigns, wheresoever the same can
be discovered and found.

(2.) The said Commissioners shall appoint a time for a meeting of
the said Commissioners for such division, and cause public notice to
be given of the place where such meeting shall be appointed ten
days at least before such meeting.

(3.) The said Commissioners of such division present at such
meeting, or the major part of them, in case the accounts of such
collector be not duly delivered, or the moneys detained by any
such collector be not paid or satisfied, according to the directions
of this Act, shall sell and dispose of all such estates which shall be
for the cause aforesaid seized and secured, or any part of them, to
satisfy and pay over to the proper collector of inland revenue the
sum that shall not be so accounted for or shall be so detained in the
hands of such collector, his heirs, executors, or administrators respec¬
tively, together with the reasonable costs and charges of recovering,
raising, and paying the same, which costs and charges shall be ascer¬
tained and settled by the Commissioners, and the overplus (if any)
shall be restored to the collector or the person entitled thereto.

(4.) The said Commissioners acting for the division in which the
estate and effects of such collector shall be seized and secured as
aforesaid shall make conveyance of all such freehold and copy-
hold estates respectively, and in like manner assign the leasehold
and other personal estate of such collector, and all his right, title,
and interest therein at the time of such seizure or at the time of

Digitized by LjOOQle

1880.

Taxes Management Act , 1880. Ch. 19.

the death of any collector so dying in default as aforesaid to the
respective purchasers thereof respectively, by deed indented between
any two or more of the said Commissioners.

(5.) Such sales and purchases respectively shall be as effectual and
valid to all intents and purposes against such collector, his heirs,
executors, and administrators, and all persons claiming under such
collector, in like manner as the sale of bankrupts estates of the
like nature under and by virtue of the statute relating to bankrupts,
or any of them, may be made by deed indented or enrolled or by
deed of assignment according to the several natures of such last-men¬
tioned estates: Provided always, that such person or persons to
whom any such sale of copyhold lands shall be made shall in like
manner as the purchaser of the copyhold estates of bankrupts, before
such time as he or they, or any of them, shall enter or take any
profit of the said lands or tenements, agree and compound with the
lords of the manors of whom the same shall be holden for such fines
or incomes as heretofore hath been most usual and accustomed to
be yielded or paid therefor; and that upon every such agreement
or composition the said lords for the time being, at the next court
to be holden at or for the said manors, shall not only grant to the
said vendee or vendees, tipon request, the same copyhold or cus¬
tomary lands or tenements by copy of court roll of the same
manors for such estate or interest as to them shall be so sold, and
reserving the ancient rents, customs, and services, but also in the
same court admit them tenants of the same copyhold or customary
lands as other copyholders of the same manors have been wont
to be admitted, and to receive their fealty, suit, or service according
to the custom of the court of such manor.

Actions on Collectors Bonds .

119. (1.) On the trial of an action or suit against the sureties of Evidence of
a collector on a bond entered into, in pursuance of this Act, or on default,
the execution of a writ of inquiry of damages in such action or suit,
the production of an account in the handwriting of such collector or
signed by him of any sum of money collected or received by him for
or on account of the land tax or duties or moneys, or any of them,
shall be sufficient proof of the receipt by such collector of every
such sum of money therein mentioned on account of the duties
given to him in charge for collection ; and

(2.) A schedule delivered upon oath or affirmation by such col¬
lector in pursuance of this Act or the Tax Acts or Land Tax Acts,
and containing or purporting to contain the names of persons who
have made default in payment of the land tax or the duties and
of the sums remaining in arrear, shall in any action or suit as
aforesaid and upon all other occasions, be sufficient evidence to
charge such collector and his sureties respectively with all other
sums of money comprised in the duplicate or duplicates given to him
in charge to collect, and not included in such schedule or previously
accounted for and paid over to the proper officer for receipt; and
all such sums not so included in such schedule, or previously ac¬
counted for and paid over, shall be deemed to have been collected
and received by such collector and to remain in his hands unpaid
and in arrear.

[THE LAW BEPOftTS.] 0 ^

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Costs.

Penalties for
neglect

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vicr.

120. If in any such action by the Land Tax Commissioners and
General Commissioners, they, without their own wilful neglect or
default, fail to recover a verdict against the defendant, and costs
are awarded to the defendant, or where any action is brought against
the said Commissioners in relation to any such bond, and they are
adjudged to pay costs to the plaintiff, they shall not be personally
liable for such costs, but the same shall be defrayed by an assess¬
ment upon the inhabitants of the parish in relation to which the
bond which shall have been the subject of the action was given,
and which assessment the said Commissioners shall make, sign, and
allow as soon as conveniently may be done after such costs shall
have been awarded and ascertained; and the said Commissioners
shall cause such assessment to be made, collected, levied, and re¬
covered in the same manner as assessments of the land tax and the
duties are made, collected, levied, and recovered, and shall cause
the costs to be paid over to the person entitled thereto.

Penalties on Collectors.

121. (1.) Every collector who—

(a.) Refuses, neglects, or omits upon receiving any of the duties,
land tax, or moneys, to give a receipt for the same on
the prescribed form, or to fill up and keep remaining
in the prescribed receipt book the counterfoil of the receipt;
or

(b.) Gives a receipt for any of the duties, land tax, or moneys,
otherwise than upon the form prescribed and provided by
the Board ;

shall for every such offence incur a penalty of ten pounds.

(2.) Every collector who refuses or neglects to deliver on oath
or affirmation to the collector of inland revenue at the appointed
day of receipt, or to the Land Tax Commissioners and General
Commissioners of the division respectively within three days
afterwards, a schedule of arrears as by this Act required and pre¬
pared in the manner prescribed, shall for every such offence incur a
penalty of twenty pounds.

(3.) Every collector who—

(i.) Refuses or neglects to bring with him to an appointed receipt
and to produce to the collector of inland revenue and
surveyor, when by either of them required, his duplicates
of assessment, showing the sums collected and received
by him, or, instead thereof, certificates signed by the Land
Tax Commissioners and General Commissioners, together
with an account in writing, signed by him, of all sums of
money collected and received for the year of assessment;

(ii.) Refuses to take the prescribed oath or affirmation to any
schedule of arrears delivered by. him at a receipt, or to
answer any lawful question demanded of him by the col¬
lector of inland revenue or surveyor touching the duties,
land tax, or moneys, or to sign his answer when reduced
into writing; or

(iii.) Declares in any answer by him made any matter or thing
which shall be false;

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1880. Taxes Management Act, 1880. Ch. 19.

(iv.) Advances or lends’to any person any or any part of the
duties, land tax, or moneys by him collected and received;

(v.) Applies any or any part of the duties, land tax, or moneys
to his own use or purpose;

(vi.) Deposits or delivers over any or any part of the duties, land
tax, or moneys to any person, so that the full suras, or
any part thereof to be raised under the Tax Acts, Land
Tax Acts, or this Act, according to the tenour and effect
thereof, shall be withheld and not paid over to/the collector
of inland revenue or to his credit at the times on which
the Bame ought to be paid ;

(vii.) Refuses or neglects upon clearing his account for any of
the duties, land tax, or moneys to deliver to the Land
Tax Commissioners and General Commissioners by whom
he was appointed, or to the Board, the duplicate of the
assessment for the year and tax or duty to which such
account relates, together with all the books of receipts and
counterfoils furnished for his use in the collection of such
taxes and duties;

(viii.) Refuses or neglects when summoned by notice or called
before them to attend the Land Tax Commissioners and
General Commissioners of the division, and then answer
any lawful questions demanded of him by such Com¬
missioners touching the execution of his office as collector to
which he was by them appointed;

(ix.) Refuses or neglects to produce to the Land Tax Commis¬
sioners and General Commissioners of the division all and
any certificates of assessments, accounts, books, and counter¬
foils of receipts, or ^vouchers of payments of the land tax
or duties, or moneys given or entrusted to him as collector;

(x.) Refuses or neglects on the revocation of his appointment to
attend, if summoned for the purpose, and deliver up to
the Land Tax Commissioners and General Commissioners
or to the surveyor, or on demand of and by the collector
appointed in his stead, to deliver up to such collector all
and any certificates of assessments, accounts, books, and
counterfoils of receipts, and voucherslof payments of the
duties and land tax given, delivered, or entrusted to him
and in his possession as collector at the time of the revo¬
cation of his appointment,

shall for every such offence incur a penalty of fifty pounds/with
all costs and charges, which penalty, with all costs and charges, shall
be added to the assessments to which it particularly relates, and
shall be levied in like manner as the duties.

(4.) Every collector who refuses or neglects to pay over when and
at the date ordered by the said Commissioners any sum of or on
account of the duties, land tax, or moneys collected and received
and not accounted for by him at the appointed receipt, shall for
every such offence incur a penalty of fifty pounds, with all costs and
charges, and a further penalty at the rate of five pounds per centum
per annum for the whole sum by him detained, which penalties,
with all costs and charges, shall be added to the assessments to

G 2

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100

Ch. 19. Taxes Marvagement Act, 1880. 43 & 44 Yicx.

which they particularly relate, and shall be levied in like manner as
the duties.

(5.) Every collector who—

(a.) Collects any of the duties, land tax, or moneys by any rate
book or duplicate other than such rate book or duplicate
as shall be signed and allowed by the said Commissioners ;
(6.) Receives any such duties, land tax, or moneys from any
person not charged therewith in such rate book or dupli¬
cate ;

(c.) Collects from any person more money than is actually
charged on such person in such rate book or duplicate;

( d .) Does not pay over the whole duties, land tax, and moneys by
him collected;

(e.) Fraudulently alters any such rate book or duplicate after the
same has been signed and allowed by the said Co mmit
sioners;

(/.) Refuses or neglects to make a return upon oath as prescribed
of persons from whom the duties cannot be collected,
shall for every such offence incur a penalty of one hundred pounds.

SCHEDULES.

Sections 5,4i, THE FIRST SCHEDULE.

47, 80.

Allowances and Remuneration.

The following allowances and remuneration shall be paid :—

1. To clerks to Commissioners of Income Tax and Inhabited House Duties—

For the careful writing and transcribing all the assessments, duplicates, warrants,
certificates, and estreats in due time, and for the due executing all things directed to be
done by or under the General Commissioners and the Additional Commissioners, the clerk
who shall do the same within the respective times limited by law in that behalf^ shall, by
warrant under the hands of the General Commissioners of each district respectively,
receive from the Board the under-mentioned allowances, viz.:—

(a.) As regards the income tax, the clerk having borne and sustained all incidental
expenses attending the execution of the Income Tax Acts shall have twopence
in the pound on so much of the net amount of the sums assessed and charged in
the duplicates of assessment for the year after all appeals heard and determined,
and all just reductions, abatements, and discharges made from such assessments
and duplicates respectively as will give to such clerk an allowance not exceeding
five hundred pounds for any one year, and at the rate of one penny in the pound
on the remainder (if any) of the said net amount:

( b .) As regards the duties on inhabited houses, if the total amount of such allowance
for one year, calculated at the rate of one penny farthing in the pound, on the
moneys assessed in that year, and paid over to the collector of inland revenue,
shall amount to one hundred pounds or upwards, then such clerk shall not be
entitled to receive any further or greater allowance than at the rate of one
penny farthing in the pound of the said moneys so paid, but if the total amount
of the moneys of the said duties received by such collector of inland revenue for
one year in any district of Commissioners shall exceed ninety-six thousand
pounds, then the clerk of such district shall have an allowance at the rate of
one penny farthing in respect of every pound of the said ninety-six thousand
pounds, part thereof, and a further allowance at the rate of one half of one penny
farthing for every pound of the said moneys exceeding ninety-six thousand
pounds, and if the total amount of such allowance, calculated at the rate of one
penny farthing in the pound on the said moneys, shall not amount to one hundred
pounds, then such clerk shall be entitled to receive an allowance at the rate of

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1880.

Ch. 19.

101

Taxes Management Act , 1880.

three halfpence in the pound of the moneys so paid, so as that the allowance,
calculated as last aforesaid, shall in no case be granted to any greater amount
than one hundred pounds per annum.

But the Treasury may—

(i.) Cause a further allowance to be made to any such clerk of any sum not exceeding
one penny in the pound on the amount of such part of the gross assessment as
shall have been discharged on occasion of claims for exemption or abatement
made or allowed under the Income Tax Acts :

(ii.) Direct the allowance and discharge of such actual expenses, or any part thereof,
as shall be necessarily incurred by any clerk in the due execution of the Acts
relating to the land tax and inhabited house duties where such allowance shall
appear to the Board reasonable and proper to be made over and above the
allowance by pouudage made to any such clerk for the particular year of
assessment to which such expenses shall relate :

(iii.) Where the allowances to which any clerk is entitled by virtue of this Act, together
with the allowance to which he is entitled by virtue of the Land Tax Acts, if he
be also clerk to the Land Tax Commissioners, would exceed the sum of twelve
hundred pounds, substitute for those allowances an amount not being less than
the sum of twelve hundred pounds, exclusive of necessary office expenses, and
the clerk shall be entitled to claim and receive in respect of such allowances
such sum only as shall be specified in a certificate of the Board.

2. To assessors of income tax and inhabited house duties :

(a.) The assessor shall have an allowance of one penny halfpenny per pound for what
money of the duties shall be paid over by the collector to the collector of inland
revenue—

(i.) In respect of any assessment of the inhabited house duties, and of the
duties under Schedules A., B., and E. of the Income Tax Acts made by
every such assessor and allowed by the General Commissioners; and also
(ii.) In respect of any assessment under Schedule D. of the Income Tax Acts
made by the Additional Commissioners and allowed by the General Com¬
missioners

for the particular parish or part of the parish for which such assessor may be
appointed and shall act.

(A) A surveyor acting as assessor shall not be entitled to any allowance in respect
thereof over and above such allowance as he may receive under the authority of
the Treasury as surveyor.

(3.) To collectors of income tax and inhabited house duties (England) :

(a.) Each collector shall have an allowance of one penny halfpenny per pound for what
money of the duties he shall pay to the collector of inland revenue.

(6.) The Board may, with the assent of the Treasury, grant to any collector such
further allowance as they may deem necessary.

THE SECOND SCHEDULE. Sections 5, 15.

FORMS.

[Note. —These forms may be varied by the Board for use in regard to any of the Duties
or the Land Tax, where applicable, or other forms prescribed for such purposes.]

1.—Assessors* Certificate of Assessments.

County of , district of

Assessments of the duties under the respective Schedules (A.) and (B.) of the Act
16 & 17 Viet. c. 34., and of the duties on inhabited houses under the Act 14 & 15 Viet,
c. 36., made upon the several persons chargeable with the said duties within the*

of in the said district, for the year ending the 5th day

of April 18 , pursuant to the Acts of Parliament relating to the said duties, duly

certified upon [oath or affirmation, as the case mag 5e], by the assessors, and allowed

* Note.—W here parishes or places have been united for tax purposes all the names should be
inserted and described as the “ united parishes or places of.”

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Ch. 19.

102

Taxes Management Act, 1880, 43 & 44 Vict.

according to the directions of the said Acts by the Commissioners, whose names are
signed at the end hereof.

[Here follow particulars of assessment in such tabular form as the Board shall
prescribe .]

We, the undersigned assessors of the duties on profits arising from property, professions,
trades, and offices, and of the duties on inhabited dwelling-houses for the*
of aforesaid, for the year ending the 5th day of April 18 , do

hereby certify the foregoing assessments of the duties payable under the respective
Schedules (A.) and (B.) of the Act 16 & 17 Vict. c. 34, and under the Act 14 & 15 Vict.
c. 36., for the aforesaid, and we do make [oath or affirmation, as

the case may be], and declare that in the foregoing assessments toe have charged and
assessed ourselves , and all other persons who are chargeable with the said duties , or either
of them, within the said , and that we have made our said assess¬

ments conformably to the provisions of the laws now in force , according to the best of
our knowledge and belief.

As witness our hands this day of in the year of our

Lord 18 .

^Assessors.

Note.—T his certificate must be signed by both assessors.

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting in and for the district of aforesaid, do hereby, in pursuance

of the Acts of Parliament relating to the duties on profits arising from the said tax and
duties respectively, sign and allow the foregoing assessments, the same having been duly
verified before us by the above-named assessors, as directed by the Acts of Parliament in
that behalf made.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

} Commissioners of the

Income Tax

and Inhabited House Duties.

2 . —Commissioners’ Certificate of First Assessments.

Under Schedule (D.)

County of , district of •

Assessments of the duties under Schedule (D.) of the Act 16 & 17 Vict c. 34., made
upon the several persons, corporations, companies, and societies chargeable with the said
duties within the* of , in the said district, for

the year ending the 5th day of April 18 , pursuant to the Acts of Parliament relating

to the said duties, by the Commissioners whose names are signed at the end hereof.

[Here follow particulars of assessment in such tabular form as the Board shall
prescribe .]

We, the undersigned Additional Commissioners of the Income Tax acting in and for the
district of aforesaid, do hereby, in pursuance of the Acts relating

to the duties on profits arising from property, professions, trades, and offices, certify the
foregoing first assessments of the duties payable under Schedule (D.) of the Act 16 & 17
Vict. c. 34. for the* , of aforesaid,

amounting to the sum of •

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

\ Additional Commissioners of
r the Income Tax .

* Note. —Where parishes or places have been united for tax purposes all the names should be inserted
and described as the “ united parishes or places of.”

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1880. Taxes Managemerd Act , 1880. Ch. 19. 103

The foregoing certificate of assessments having being presented to us, the undersigned
Commissioners of the Income Tax acting in and for the district of

aforesaid, and all appeals against the same having been heard and determined, we do
hereby allow and confirm the said assessments.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

} Commissioners of the
Income Tax .

3.—Assessors* Certificate of Re-assessment.

County of , district of •

A re-assessment of the duties chargeable under the respective Schedules (A.) and (B.)
of the Act 16 & 17 Viet. c. 34., for granting to Her Majesty duties on profits arisingfrom
property, professions, trades, and offices, and of the duties in respect of inhabited dwelling-
houses, chargeable under the Act 14 & 15 Viet. c. 36., made upon the several persons
chargeable with the said duties within the of

in the said district, pursuant to the several Acts of Parliament in that behalf, for raising
the sum of , being the amount of an arrear of the said duties which

has arisen within the said for the year ending the 5th day of April 18 ,

by the default of , collector of the said duties for the said

for the said year ending as aforesaid, duly verified upon [oath or affirmation, as the case
mag be,~] by the assessors, and allowed, according to the directions of the said Acts of
Parliament, by the Commissioners of the Income Tax and Inhabited House Duties acting
for the said district, whose names are assigned at the end hereof.

[Here follow particulars of re-assessment in such tabular form as the Board shall
prescribe .]

We, the undersigned assessors appointed for making the foregoing re-assessment of the
duties chargeable under the respective Schedules (A.) and (B.) of the Act 16 & 17 Viet,
c. 34., and of the duties upon inhabited dwelling-houses, chargeable under the Act
14 & 15 Viet. c. 36., for the of aforesaid,

do hereby certify the foregoing re-assessment of the said duties, and do make [oath or
affirmation, as the case may be ], and declare that we have charged and assessed ourselves
and all other persons who are chargeable with the said re-assessment, and that we have
made our re-assessment conformably to the provisions of the laws now in force, according
to the best of our knowledge and belief.

Witness our hands this day of in the year of our

Lord 18 .

^ Assessors.

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting in and for the district of aforesaid, do hereby sign and

allow the foregoing re-assessment of the duties chargeable under the respective Schedules
(A.) and (B.) of the Act 16 & 17 Viet. c. 34., and in respect of inhabited dwelling-houses,
under the Act 14 & 15 Viet. c. 36., amounting to the sum of ,

the same having been duly verified before us by the above-named assessors.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

} Commissioners of the
Income Tax and In¬
habited House Duties.

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104

Ch. 19.

Taxes Management Act , 1880. 43 & 44 Vict.

4. Commissioners’ Certificate of Re-assessment. (Schedule D.)

County of , district of

A re-assessment of the duties chargeable under the Schedule (D.) of the Act
16 & 17 Viet. c. 34., for granting to Her Majesty duties on profits arising from property,
professions, trades, and offices made upon the several persons chargeable with the said
duties within the of in the said district,

pursuant to the several Acts of Parliament in that behalf, for raising the sum of

, being the amount of an arrear of the said duties which has arisen within
the said for the year ending the 5th day of April 18 , by default

of # , collector of the said duties for the said

for the said year ending as aforesaid.

[Here follow particulars of re-assessment in such tabular form as the Board shall
prescribe .]

We, the undersigned Additional Commissioners of the Income Tax acting in and for
the district of aforesaid, do hereby certify the foregoing re¬

assessment of the duties chargeable under the Schedule (D.) of the Act 16 & 17 Viet. c. 34.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

I Additional Commissioners
[ of the Income Tax.

We, the undersigned Commissioners of the Income Tax acting in and for the. district of
aforesaid, do hereby allow and confirm the foregoing re-assessment
of the duties chargeable under the Schedule (D.) of the Act 16 & 17 Viet. c. 34.,
amounting to the sum of , all appeals against the same having been

heard and determined.

Given under our hands and seals at , within the said districts

this day of in the year of our Lord 18 .

} Commissioners of the
Income Tax .

5.—Collectors’ Duplicate of [ first , additional first , or supplementary , as the

case may require ] Assessments.

[For the year 18 .]

County of , district of

A Duplicate of the assessments of the duties under the respective Schedules (A.) and
(B.) [or (D.) and (E.) as the case may require ] of the Act 16 & 17 Viet. c. 34., and of
the duties on inhabited houses, under the Act 14 & 15 Viet. c. 36., made upon the several
persons chargeable with the said duties within the* of

in the said district, for the year ending the 5th day of April 18 , pursuant to the Acts of

Parliament relating to the said duties.

[Here follow particulars of assessment in such tabular form as the Board shall
prescribe .]

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting in and for the district of aforesaid, do hereby sign and

allow the foregoing duplicate of the assessments of the duties payable under the respective
Schedules (A.) [or (D.) and (E.) as the case may require] and (B.) of the Act
16 & 17 Viet. c. 34., and of the duties on inhabited houses, under the Act 14 & 15 Viet,
c. 36., amounting in the whole to the sum of

Given under our hands and seals at , within the said district*

this day of in the year of the Lord 18 .

] Commissioners of the Income
> Tax and Inhabited
I House Duties .

* Where parishes or places have been united for tax purposes all the names should be inserted and
described as the “ united parishes or places of.”

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1880.

Ch. 19.

Taxes Management Act , 1880.

105

COLLECTORS* WARRANT.*

a &d of in the district of

in the county of .

Whereas you, the above-named and were on the

day last duly nominated and appointed by the Commis¬

sioners of the Income Tax and Inhabited House Duties acting in and for the district
aforesaid, in the county aforesaid, to be collectors of the duties on profits arising from
property, professions, trades, and offices, and of the duties on inhabited houses [or as the
case mag be ], for thef of in the said district, for the

year ending the 5th day of April 18 .

And whereas, by virtue and in pursuance of the powers and authorities of the several
Acts of Parliament relating to the said duties, we, the said Commissioners, have signed
and allowed the (foregoing) duplicate of the assessments of the said duties, chargeable
under the respective Schedules (A) and (B.) [or (D.) and (E.) as the case mag require ]
of the Act 16 & 17 Viet. c. 34., and of the duties on inhabited houses, under the Act
14 & 15 Viet. c. 36., and charged upon the several persons mentioned in the foregoing
duplicate within the aforesaid, for the year ending the fifth day of

April 18 .

Now we, the said Commissioners, do hereby enjoin and require you the above-named
collectors, or either of you, to make demand of the several sums contained in the foregoing
duplicate from the parties charged therewith, or at the places of their last abode, or on the
premises charged with the assessment, as the case may require, within the time and in
the manner appointed and directed by the said Acts ; and upon payment thereof to give
acquittances under your hands (without taking anything for such acquittances) unto the
several persons who shall pay the same ; and if any person or persons shall refuse to pay
the sum or sums charged upon him, her, or them, upon demand duly made by you, or
either of you, then we do hereby enjoin and strictly require you, or either of you, for non¬
payment thereof, to distrain for the same according to the directions of the said Acts by
virtue of this our warrant, without further authority. 9

Given under our hands and seals at , within the said district

this day of in the year of our Lord 18 1

} Commissioners of the Income
Tax and Inhabited
House Duties.

6.—Appointment of Assessors for making Re-assessment of Income Tax.

To and , assessors of the duties on profits arising

from property, professions, trades, and offices for the of

in the district of , in the county of

Whereas an arrear of the duties chargeable under the Schedule

of the Act 16 & 17 Viet. c. 34., for granting to Her Majesty duties on
profits arising from property, professions, trades, and offices, for the year ending the 5th
day of April 18 , amounting to the sum of has arisen in the

of aforesaid, by the default of , collector of the said

duties for the said , we, the undersigned, being Commissioners of the

Income Tax acting in and for the said district, do hereby, by virtue of the Acts of
Parliament enabling us in this behalf, appoint you the above-named
and assessors for making a re-assessment within and upon the said

for raising the said arrear ; and we do hereby strictly enjoin and
require you and each of you to make a re-assessment within and upon the said

by charging the said sum of on the amount of the

* This warrant may be printed on the duplicate or be a separate document

t Where parishes or places have been united for tax purposes all the names should be inserted and
described as the “ united parishes or places of.”

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106 Ch. 19. Taxes Management, Act , 1880. 43 & 44 Yict.

assessment for the said made for the said duties for the year ending the

5th day of April 18 , by duly apportioning the amount of such arrear amongst the

several persons assessed in the said last-mentioned assessment to the same duties respec¬
tively, according to each person’s assessment thereof, as nearly as the case will admit; and
in making the said re-assessment you are to pursue the like methods, rules, and directions
by which the original assessment was made of the same duties. Hereof you will not fail,
as you and each of you will answer the contrary at your peril.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18

1 Co mm i ssi oners of the
/ Income Tax.

7.—Collector’s Warrant, which mat be issued during the period the Schedules
of Defaulters remain with the Commissioners.

and

collectors of the duties herein-after
, in the district of ,

mentioned for the
in the county of

Whereas the Commissioners of the Income Tax acting in and for the before-mentioned
district have made and executed the several assessments of the duties on profits arising
from property, professions, trades, and offices, for the year ending the 5th day of April
18 , upon the several persons chargeable with the said duties within the

aforesaid, and duplicates of the same have been delivered to you, the above-named
collectors of the said duties: And whereas the said Commissioners have received, in
pursuance of the Acts of Parliament in that behalf, a certain Schedule in writing, signed
and duly sworn to by you the said collectors, whereby the several persons therein named
are returned as defaulters, for that the several sums assessed upon them and therein
contained have been demanded from and are due and wholly unpaid from the respective
persons charged therewith : Now we, the undersigned Commissioners of the Income Tax
acting in and for the district aforesaid, do hereby enjoin and require you, or either of you,
the above-named collectors to make demand of the several sums mentioned in the said
Schedule, and contained in the said assessments, from the parties charged therewith, or
at the places of their last abode, or on the premises charged with the assessment, as the
case may require, and upon payment thereof to give acquittances under your hands unto
the several persons who shall pay the same ; and if any person or persons shall refuse to
pay the sum and sums charged upon him, her, or them, upon demand duly made by you,
or either of you, then we hereby enjoin and strictly require you, or either of you, for non¬
payment thereof, to distrain for the same, according to the directions of the said Acts,
by virtue of this our warrant, and that you return to us the amount and particulars of the
several sums received by you on the day of now next,

at the usual place of meeting, namely, at , in the said district.

Given under our hands and seals at , in the said district,

the day of in the year of our Lord 18

I 1 Commissioners of the
j Income Tax •

8.—Certificate of Removal.

To the Commissioners of the Income Tax and Inhabited House Duties acting within
and for the district of , in the county of .

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting within and for the district of in the county of f do

hereby certify that in and by the* assessments of the duties payable under

the Schedule of the Act 16 & 17 Viet. c. 34., and under the Act 14 & 15 Viet,

c. 36., respectively, and subsequent Acts, for the of in

the said district, for the year ending the 5th day of April 18 , now

residing in the of , in the district of y

* First, additional first, or supplementary, as the case may be.

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1880. Taxes Management Act , 1880. Ch. 19. 107

in the county of , hath been duly charged and assessed for the under¬

mentioned duties ; (that is to say,)

Income Tax. Inhabited House Duties.

N.B. *

Total - £

ear

}

And we do further certify that the said

hath left unpaid the sum of in respect of the income tax. and the

sum of in respect of the inhabited house duties so charged and assessed

as aforesaid, which became due and payable on the first day of January in the year of our
Lord 18 , and the said sum now in arrear.

« < And we, the undersigned Commissioners, do request you, the said Commissioners of the
Income Tax and Inhabited House Duties acting within and for the district of
aforesaid, to raise and levy the said sum of and so charged

and assessed upon the said and now in arrear as aforesaid, and to cause the

same to be paid and applied according to the directions of the several Acts of Parliament
for raising the said duties.

Given under our hands and seals at the said district of

this day of in the year of our Lord 18

Commissioners of the
Income Tax and
Inhabited House Duties.

To and collectors of the duties

on profits arising from property, professions, trades, and offices, and of inhabited
house duties, for the of , in the district of ,

in the county of

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting within and for the district of aforesaid, do hereby authorise and

require you, the above-named collectors, or either of you, to make due demand of and from
, the person named in the foregoing certificate, of payment of the sum
of , in respect of the duties charged and assessed upon him, as in the

said certificate is mentioned, and if he shall refuse or neglect to pay the same upon such
demand being made, then we hereby empower and require you, or either of you, to distrain
for the same, according to the directions of the statute in that behalf, by virtue of this
our warrant, without further authority; and upon receipt of the said sum of money, or
any part thereof, we hereby direct and enjoin you to pay over the same to the collector of
inland revenue for the county of , to the account of

the collectors of the said duties for the , of

for which this shall be your sufficient authority.

Given under our hands and seals at , in the said district of ,

this day of in the year of our Lord 18 .

I Commissioners of the Income
> Tax and Inhabited
J House Duties,

N.B.—As the collector of the parish or place where the duties herein certified arc

* Here specify the ** particulars of the assessment,” viz., the Schedule under which the duty is charged
—description of property , profits , or sources of income , to which the assessment applies, and whether on
own return or estimate. If the arrear be under Schedule A., the name and address of the owner of the
premises should be stated, and if the assessment be in respect of a house in the metropolis or a large
town, the certificate should set forth the street and number of the house.

| State whether the amount is included in Commissioners’ Schedule of defaulters.

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108 Ch. 19. Taxes Management Act , 1880. 43 & 44 Vicr.

assessed and due has not collected the same, and as, therefore, he is not entitled to any
poundage thereon, the collector of any other parish or place who shall collect the said
duties, will, on payment thereof to the receiving officer, be allowed the poundage to which
the first-mentioned collector would have been entitled if the duties had been collected by
him.

9.—Warrant to break open.

To and , collectors of the duties herein-after

mentioned for the of in the district of

, in the county of

Whereas in and by the assessments of the duties of income tax

and the duties on inhabited houses for the aforesaid for the year ending

the 5th day of April 18 , of hath

been duly charged to the said duties in the sum of

And whereas it appears by the oath of , collector of the said duties

appointed for the said taken before us, whose hands and seals are

hereunto subscribed and set, being two of the Commissioners of the Income Tax and
Inhabited House Duties acting in and for the district aforesaid, that the said sum of
hath been duly demanded of the said and

that he hath refused and neglected to pay the same, and that the same now remains due
and unpaid :

And whereas it further appears by the oath aforesaid that divers goods and chattels,
liable by law to be distrained for the said duties, are lying and being in a certain house,
situate in the of in the

district and county aforesaid, now in the possession of

These are therefore to authorise and require you, the above-named collectors, and either
of you, calling to your assistance the constable or other peace officer within and for the
of aforesaid, and in the presence of the said constable,

or other peace officer, to demand entrance into the said house, and in case of resistance, or
neglect or refusal to open the same, to break open in the daytime the said house, and
enter the same, and to distrain therein the said goods and chattels, and the distress there
found to keep by the space of five days, at the costs and charges of the said
and if the whole of the said sum of , together with the said costs and charges,

be not paid within the said five days, then the said distress, having been first duly valued
and appraised by two of the inhabitants of the said of , or

other sufficient persons, to be sold by you, and the overplus, if any, of the moneys arising
by such sale, after paying and deducting the said sum of and all

costs and charges of taking, keeping, and selling the said distress, to be restored to the
owner thereof.

Given under our hands and seals at , within the said district,

this day of in the year of our Lord 18 .

"| Commissioner* of the Income
> Tax and Inhabited
J House Duties.

10.— WARR4NT OF COMMITMENT.

To and , collectors of the duties herein-after

mentioned for the , of , in the district of

, in the county of , and to the keeper of Her

Majesty’s prison at

Where A 8 in and by the , assessments of the duties payable under

the Schedule of the Act 16 and 17 Viet. c. 34., for the

, of in the district of , in the county

of , for the year ending the 5th day of April 18 ,

of , hath been duly charged and assessed to the said duties in the sum

And whereas it appears by the oath of , collector of the said duties appointed

for the said , of , taken before us, whose hands and seals are

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1880.

Taxes ManagemeTit Act , 1880.

Ch. 19.

109

hereunto subscribed and set, being two of the Commissioners of the Income Tax acting in
and for the district of aforesaid, that the said sum of , as

and for the duties so charged and assessed as aforesaid, hath been duly demanded of the
said and that he hath refused and neglected to pay the sum of

part of the said sum of , by the space of ten days after such demand as

aforesaid; and it further appears by the oath aforesaid that the said sum of ,

for the duties charged and assessed as aforesaid, now remains due and unpaid, and that no
sufficient distress can or may be found whereby the same may be levied.

Now, therefore, we, the said Commissioners, whose hands and seals are hereunto sub¬
scribed and set, do hereby command you, the above-named collectors of the said duti&s,
or either of you, to apprehend the said , and to take him to Her Majesty’s

prison at , in the said county, and to deliver him to the keeper thereof,

together with this warrant; and we do hereby command you, the said keeper, to receive
him, the said , into your custody in the said prison, there to be

kept without bail until payment shall be made or security to our satisfaction be given
for payment of the said sum of , remaining due and unpaid as

aforesaid, and also of the further sum of which we, the said Commis¬

sioners, do adjudge to be reasonable for the costs and expenses of apprehending the
said and conveying him to prison.

Given under our hands and seals at , within the said

district, the day of in the year of our Lord 18 .

I Commissioners of the Income
Tax.

11.—Revocation of Collector’s Appointment.

the district of

one of the inhabitants of the
, in the county of

Whereas by virtue and in pursuance of the powers and authorities of the several Acts
of Parliament relating to the duties on profits arising from property, professions, trades,
and offices, and inhabited houses, two of the Commissioners acting in the

execution of the said Acts in and for the district aforesaid, did, by their precept, bearing
date the day of 18 , nominate and

appoint and to be collectors of the said duties for

the aforesaid, for the year ending the 5th day of April 18 : An d

whereas wilful delay and failure hath happened in demanding, receiving, and recover¬
ing and paying divers sums of money and duties charged and assessed on the several
persons chargeable with the said sums of money and duties, within the said
for the year aforesaid, through the default and neglect of the said , one

of the collectors of the said duties.

Now we, the undersigned, two of the said Commissioners, do, by virtue and in pur¬
suance of the powers and authorities given by the Acts of Parliament in this behalf,
hereby revoke the appointment of the said as such collector as

aforesaid; and we do by this, our precept, nominate and appoint you, the above-named
, in the place and stead of the said to be collector

of the duties and sums of money remaining due and in arrear and uncollected on the
duplicates of assessments herewith delivered to you, for the said year ending the 5th
day of April 18 , with full power to collect all arrears and sums of money which are
now due and unreceiVed from the parties charged therewith by the said assessments.
And we do hereby enjoin and require you immediately to make demand of the several
sums contained in the said duplicates from the parties charged therewith, or at the places
of their last abode, or on the premises charged with the assessment, as the case may
require ; and upon payment thereof to give acquittances unto the several persons who
shall pay the same ; and if any person or persons from whom any of the said duties, or
sums of money, or any part thereof, now remain due or unpaid shall refuse to pay the
sum and sums charged upon and due and owing from him, her, or them, upon demand
made by you, then we hereby enjoin and strictly require you, for nonpayment thereof, to

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110

Ch. 19.

Taxes Management Act , 1880. 43 & 44 Vict.

distrain for the same, according to the directions of the said Acts, by virtue of this our
warrant without further authority.

Given under our hands and seals at , within the said

district, the day of , in the year of our Lord 18 .

} Commissioners of the Income
Tax and Inhabited
House Duties .

12.—Warrant to Imprison Person and seize Estate of Defaulting

Collector.

To , constable of , in the connty of ,

and to , keeper of Her Majesty’s prison at , in the

said r county.

Whereas it appears to us and , whose hands

and seals are hereunto subscribed and set, being two of the Commissioners of the Income
Tax and the Inhabited House Duties acting for the district of , in the

county of , upon the oath of and other suffi¬
cient evidence, that , of , a collector of the

duties of income tax and the duties in respect of inhabited houses for the
of , in the said district, hath, as such collector, collected and received

from divers persons within the said the sum of , in respect of

the said duties, and that the said hath neglected to pay the said sum

of money according to the directions of the several Acts of Parliament in that behalf,
and that he hath detained and doth now detain the same in his hands.

Now, therefore, we, the said Commissioners, whose hands and seals are hereunto sub¬
scribed and set, do hereby command you, the above-named constable, to apprehend the
said , and him safely to convey to Her Majesty’s prison at ,

in the said county of and to deliver him to the keeper thereof; and we do

hereby command you, the said keeper, to receive him, the said , into

your custody in the said prison, and there to detain and keep him until payment shall be
made of the aforesaid sum of money, or until he shall be otherwise discharged by due
course of law; and we do hereby further command you, the said constable, to seize and
secure the estate, as well freehold as copyhold, and all other estate, both real and per¬
sonal, of him the said , to him belonging wheresoever the same can

be discovered and found; and if the said shall not pay or satisfy the

said sum of money as ought to be done according to the directions of the said several
Acts, you are forthwith to give notice to us that we may proceed further as the law
directs; and for so doing this shall be to you and each of you a sufficient warrant and
authority.

Given under our hands and seals at , in the said district, this day

of in the year of our Lord 18 .

} Commissioners of the Income
Tax and Inhabited
House Duties .

13.—Warrant to sell Collector's Estate.
of •

Whereas by a certain warrant bearing date the day of ,

in the year of our Lord one thousand eight hundred and , under

the hands and seals of and , two of the Commissioners

of the Income Tax and Inhabited House Duties acting for the district of ,

in the county of , reciting that , of , a

collector of the duties on profits arising from property, professions, trades, and offices,
and the duties in respect of inhabited houses, for the of ,

in the said district, had, as such collector, collected and received from divers persons
within the said the sum of in respect of the said

duties, and that the said had neglected to pay the said sum of money,

according to the directions of the several Acts of Parliament in that behalf, and that he

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1880. Taxes Management Act , 1880. Ch. 19. Ill

had detained and did then detain the same in his hands, the said Commissioners, whose
hands and seals are subscribed and set to the said warrant, did thereby command one,
, constable of , in the said county, to seize and

secure the estate as well freehold as copyhold, and all other estate, both real and
personal, of the said to him belonging, wheresoever the same

could be discovered and found. *

And whereas by virtue and in pursuance of the said warrant, the several estates, goods,
and chattels belonging to the said mentioned and particularized in the

Schedule or inventory hereunto have been seized and secured.

And whereas and , Commissioners as aforesaid, did, in

pursuance of the statute in that behalf, appoint the day

of , at , in the said district, for a meeting

of the Commissioners of the Income Tax and Inhabited House Duties for the said dis¬
trict, and did cause public notice to be given of the time and place when and where such
meeting was appointed to be held ten days at least before such meeting.

And whereas the said meeting hath been held in pursuance of the said notice, and
the said hath not paid or satisfied, as ought to be done, according to the

directions of the said Acts, the said sum of money so detained by him as aforesaid.

Now therefore we, whose hands and seals are hereunto subscribed and set, being the
major part of the said Commissioners present at the said meeting, do hereby require and
empower you, the above-named , to sell and dispose of the said estates,

goods, and chattels so seized and secured for the cause aforesaid, to satisfy and pay into
the hands of the collector of inland revenue at , the aforesaid sum of

money so detained by the said , and remaining unpaid as aforesaid,

together with the reasonable costs and charges of recovering, raising, and paying the same,
and for your so doing this shall be your sufficient authority.

Given under our hands and seals at , in the said district, the

day of in the year of our Lord one thousand eight hundred and •

} Commissioners of the
Income Tax and
Inhabited Home Duties,

14.—Notice of Seizure of Collector’s Estate.

Where as by a certain warrant bearing date the day of in the

year of our Lord 18 , under the hands and seals of two of the Commissioners of Income

Tax and Inhabited House Duties acting for the district of , in the

county of reciting that of , a collector

of the duties of income tax and the duties in respect of inhabited houses, for the
of , in the said district, had as such collector collected and received

from divers persons within the said the sum of

in respect of the said duties, and that the said had neglected to pay

the said sum of money, according to the directions of the several Acts of Parliament in
that behalf, and that he had detained and did then detain the same in his hands :

The said Commissioners did thereby command the constable of
to whom the said warrant was directed, to seize and secure the estate, as well freehold as
copyhold, and all other estate, both real and personal, of the said to him

belonging, wheresoever the same could be discovered and found.

And whereas certain estates, goods, and chattels of the said collector have been seized
and secured under the said warrant:

Now we the undersigned, and , being two of

the said Commissioners acting in the said district, do, in pursuance of the Act of Par¬
liament in that behalf, appoint the day of for a meeting of the

Commissioners of Income Tax and Inhabited House Duties for the said district, to be
held at in the said district, at of the clock

in the noon of the said day ; and we do hereby give notice that if the

said sum of money so doe and owing from the said collector be not paid or satisfied, as
ought to be done, according to the directions of the Acts in that behalf, the Commissioners

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112 Ch. 19. Taxes Management Act , 1880. 43 & 44 Vicr.

present at such meeting, or the mq jor part of them, will sell and dispose of the said estates?
goods, and chattels, to satisfy and pay the said sum of money.

Given under our hands, this day of in the year of our Lord 18 .

] Commissioners of Income
> Tax and Inhabited
J House Duties .

15.—(Charge.) Duplicate of the Income Tax and Inhabited House

Duties.

This Duplicate, amounting to , contains the full amount of the Sums

Assessed upon each Parish or Place in the District of , in the County

of , by virtue of the Acts of Parliament granting to Her Majesty

Duties on Profits arising from Property, Professions, Trades, and Offices, and of the
Duty in respect of Inhabited Dwelling-houses, together with the Christian and Sur¬
name of the several Assessors and Collectors, for the Year 18 ending 5th day of
April 18 .

Signed, Sealed, and delivered by us, this

day of 18 .

1 Commissioners of the Income Tax
j and Inhabited House Duty.

To the Commissioners of Inland Revenue .

[Here follow particulars in such tabular form as the hoard shall prescribe .]

I do hereby certify that I have examined this duplicate thoroughly, and have compared
it with the assessments, and that it is a correct duplicate thereof.

Surveyor of Taxes.

Date.

N.B.—This Duplicate should 1 be made out after the time appointed by the Taxes
Management Act, 1880, for making supplementary assessments of the said duties, and
within one month at farthest after all appeals shall have been heard and determined, and
should contain the full amount of the sums given in charge to the collectors and to the
collector of inland revenue, and which remains charged in the assessments after the ap¬
peals ; all discharges subsequent to that period must be included in the Schedules, under
the 108th section of the Taxes Management Act, 1880.

16. —Commissioners Schedule of Defaulters.

A Schedule made in pursuance of an Act of Parliament passed in the forty-fourth year of
the reign of Her present Majesty, intituled the Taxes Management Act, 1880, by the
Commissioners of the Income Tax and Inhabited House Duties acting in and for the
District of , in the County of , containing the names

of certain Persons charged with Duties and Sums of Money in the Assessments
made by virtue of the Tax Acts, within and for the several and respective Parishes
herein under-mentioned in the said District,.for the Year ending the 5th day of
April, 18 , and whose Names have been returned to the said Commissioners by the

respective Collectors for the said several and respective Parishes, as Persons who have
made default in Payment of the several Duties and Sums of Money set opposite to
their respective Names, and charged upon them respectively in the said Assessments,
and from whom the respective Collectors have not been able to collect or receive
such Duties and Sums of Money for the Causes herein mentioned, and which have
been duly verified on the [oath or affirmation, as the case may be\ of the several
and respective Collectors.

[Here follow particulars in such tabular form as the board shall prescribe .]

Given under the hands and seals of us the undersigned, two of the Commissioners of
the Income Tax and Inhabited House Duties acting in and for the district aforesaid,
•at within the said district, the day of in the

year of our Lord 18 .

1 Commissioners of the Income Tax
J and Inhabited House Duties.

N.B.—A total of each column to be made for each parish or place.

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1880.

Ch. 19.

113

Taxes Management Act , 1880.

17. —Schedule of Sums Discharged from Assessments Returned
in the Duplicates of Charge.

A Schedule containing the Sums discharged from the Assessments of the Duties on
Profits arising from Property, Professions, Trades, and Offices, and of the Duty
in respect of Inhabited Dwelling-houses for the under-mentioned Parishes or Places
in the District of , in the County of , for theYear ending the

5th day of April 18 , pursuant to the Acts of Parliament relating to the said Duties.

\Here follow the particulars in such tabular form as the board shall prescribe .]

We, the undersigned Commissioners of the Income Tax and Inhabited House Duties
acting in and for the said district of , in the said county, do hereby'certify

that the above-mentioned sums, amounting to , have been discharged

from the respective assessments for the said parishes by the Commissioners of the Income
Tax and Inhabited House Duties acting in and for the said district, in due course of law,
upon the returns of the collectors duly verified on oath.

Witness our hands and seals the day of 18 .

1 Commissioners of the Income Tax
J and Inhabited House Duties.

18. —Land Tax Assessment, 18 .

In the parish, tithing, or place of , in the division of ,in the

county of

An assessment of the Land Tax for the Service of the year one thousand eight
hundred and , made in pursuance of the several Acts relating to the Land Tax.

[Here follow the particulars of the assessment in such tabular form as the board shall

prescribe .]

We hereby certify the foregoing assessment made by us.

| Assessors.

Signed and sealed by us, the undersigned Commissioners of the Land Tax acting in
and for the division of , in the county aforesaid, at within

the said division, this day of in the year of our Lord 18 .

j- Commissioners.

Note.—This certificate must be signed by both assessors.

Summary of the foregoing Assessment on Lands, Tenements, and
Hereditaments for the Year 18 .

If the assessment on lands, tenements, and hereditaments exceeds the quota, the clerk
to the Commissioners must insert at the foot of the duplicate of the assessments a
summary according to the following form.

And the collector must account for any such excess in like manner as for the quota, in
order that the excess may be applied as provided by the Taxes Management Act, 1880.

Assessed and exonerated -

Assessed and not exonerated • - -

£ s. d.

Total by the assessment

<jrross quota or charge on lands, tenements, and heredita-'
ments, by duplicate of charge under 38 Geo. 3. c. 5.

Deduct the amount by which such gross quota has been'
reduced by the application of surplus land tax -

Net quota -

Excess on assessment -

Examined ,

Signed,

Clerk.

Date.

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[THE LAW REPORTS-]

1 u

Ch. 19. Taxes Management Act , 1880. 43 & 44 Vict.

Directions as to form of Land Tax Assessment.

The clerk to the Commissioners is required to cause the sums assessed to be duly cast
up and the total amount of such assessment to be inserted at the foot thereof, and where
any such assessment shall contain two or more pages, to cause each page to be duly cast
up and the amount inserted at the foot thereof and carried forward so as to form the total
on the last page in any such duplicate ; and if in any case the total amount of the sums
charged by any such assessment shall exceed the actual amount of the said quota or
proportion charged and to be raised in any year in any parish, township, or place to
which the same shall relate, every such clerk shall insert at the foot of the duplicate of
assessment a summary relating to every such assessment last aforesaid, according to the
prescribed form annexed to the form of assessment; and if any such clerk shall neglect or
refuse to perform the duty hereby required, he shall for every such offence incur a penalty
of twenty pounds, to be sued for and recovered as any penalty may be sued for and
recovered under this Act.

19. —(Charge.) Duplicate of the Land Tax, 18 .

A Duplicate of the whole Sums assessed upon each Parish or Place in the Hundred
or District of , in the County of , for one whole

Year, ending the 25th March 18 , pursuant to the several Acts relating to the Land

Tax; also of the Christian and Surnames of the several Assessors and Collectors of
the same Parishes or Places.

[Here follow the particulars in suck tabular form as the board shall prescribe .]

I do hereby certify that I have examined this duplicate thoroughly, and have compared
it with the assessments, and that it is a correct duplicate thereof.

Surveyor of Taxes.

Date.

We, whose names are hereunto set and seals affixed, Commissioners for putting in
execution the Acts of Parliament above mentioned, do hereby certify that the above
duplicate contains the several sums assessed upon each parish or place in the said hundred
or district, and do amount together as above mentioned.

Dated this day of 18.

1 Commissioners of
| Land Tax.

To the Commissioners of Inland Revenue.

Endorsement as regards Crown Property.

We, the undersigned, being two of the Commissioners of Land Tax, do hereby certify
that the under-mentioned sums have been assessed upon property in the occupation of the
Crown, but under authority from the Commissioners of Inland Revenue have not been
collected.

} Commissioners of
Land Tax.

[Here follow the particulars in such tabular form as the board shall prescribe .]

20.— Certificate of Land Tax, 18 . Excess.

County of , District of

A Certificate in pursuance of the Taxes Management Act, 1880, to provide for the
application of Moneys arising in certain cases of Assessments for Land Tax in Great
Britain.

An Account of the Excess of Each Assessment within the said District by the Amount
of 51. Sterling , over and above the Quota for the Year ended on the 25th March 18
[Here follow the particulars in such tabular form as the board shall prescribed]

We , of the Commissioners acting in the execution of the Acts

relating to the land tax within and for the said district, do hereby certify that the above
account and statement are correct.

Witness our hands this day of 18 .

To the Commissioners of 1

Inland Revenue. ]

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1880. Taxes Management Act , 1880. Ch. 19. 115

21.—Certificate to the High Court of the Names of Collectors who have
made Default in accounting for the Duties and Land Tax.

Exhibited before me as the certificate referred to in
the annexed affidavit of sworn

this day of 18 .

Income Tax, Inhabited House Duties, 1
and Land Tax, 18 . J

IN THE HIGH COURT OF JUSTICE.

Exchequer Division .

To the Right Honourable the fc Lord Chief Baron of the Exchequer Division of
the High Court of Justice, and to the Honourable the rest of the Barons of the
same Division.

I, of , collector of inland revenue, receiver of

the duties on profits arising from property, professions, trades, and offices, the duties on
inhabited houses, and of the land tax, charged and assessed in the parishes and places
herein-after mentioned, by virtue of the several Acts of Parliament in that behalf, do
hereby humbly certify to the Barons of the Exchequer Division of the High Court of
Justice in pursuance of the several statutes in this behalf made and provided, that the
several and respective times and places mentioned and described against the name of
each division in the Schedule hereunto subjoined, were by me appointed according to
the directions of the statutes in that case made and provided, for payment to me, as such
collector of inland revenue and receiver as aforesaid, of the said duties and the land tax
assessed and charged within the several parishes and places, and within the respective
divisions mentioned in the said Schedule, for the year ending on the twenty-fifth day of
March and the fifth day of April 18 , respectively, and which are by the said statutes

directed to be collected or levied by the several collectors of the duties and land tax on or
before the first day of January now last past; and that I, the said collector of inland
revenue, did attend at the said several and respective times and place so appointed as
aforesaid for the purpose of receiving the said duties and tax, and that the several
collectors of the said duties and tax for the said several parishes and places within the
said divisions respectively did then and there make default in paying or accounting for
the said duties and tax given to them in charge for the said parishes and places respectively,
in the several sums mentioned in the said Schedule, and did then and there neglect and
wholly make default in delivering to me, the said collector of inland revenue, a Schedule
in writing signed by such collectors respectively, containing the Christian and Surname
of each person making default in payment of the said duties and tax and the respective
sums then in arrear from each such defaulter, with an affidavit subscribed and made
according to the directions of the statutes in that case made and provided, contrary to the
form of the said statutes.

And I, the said collector of inland revenue, in pursuance of the several statutes iir this
behalf, do hereby further humbly certify that the said Schedule hereunto subjoined doth
also contain the names of the several collectors in default as aforesaid, and of the several
parishes and places in which default has been made as aforesaid, and the divisions where
such failure hath happened and the amounts of the duties and tax which remain unpaid
or unaccounted for by the said collectors respectively, to the best of my knowledge, and as
I verily believe.

Given under my hand this day of in the year

of our Lord 18 .

Witness ,

Schedule to which the foregoing Certificate doth refer, containing the Names of Col¬
lectors who have not paid or duly accounted, by the Delivery of Schedules of
Defaulters, for the Full Amount of the Duties on Profits arising from Property,
Professions, Trades, and Offices, the Duties on Inhabited Houses, and the Land Tax,
for the Year ending the Twenty-fifth day of March and the Fifth day of April 18
respectively.

\Here follow the particulars in such tabular form as the hoard shall prescribed]

H 2

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116

Ch. 19.

Taxes Management Act, 1880. 43 & 44 Vict.

Sections 4, 5,7. THE THIRD SCHEDULE.

Enactments Repealed.

[Note. —Portions of Acts which have already been specifically repealed are in
some instances included in the repeal in this Schedule in order to preclude
henceforth the necessity of looking back to previous Acts.]

43 Geo. 3. c. 99.

43 Geo. 3. c. 150.

43 Geo. 3. c. 161.

45 Geo. 3. c. 71-

45 Geo. 3. c, 95.

48 Geo. 3. c. 55.

48 Geo. 3. c. 141. -

50 Geo. 3. c. 105.

5*2 Geo. 3. c. 95.

55 Geo. 3. c. 161.

1 & 2 Geo. 4. c. 113. -

3 Geo. 4. c. 88.

An Act for consolidating certain of the provisions contained in any Act
or Acts relating to the duties under the management of the Commis¬
sioners for the Affairs of Taxes, and for amending the same.

An Act for consolidating certain of the provisions contained in any'Act
or Acts relating to the duties under the management of the Commis¬
sioners for the Affairs of Taxes ; and for amending the said Acts so far
as the same relate to that part of Great Britain called Scotland.

An Act for repealing the several duties under the management of the
Commissioners for the Affairs of Taxes, and granting new duties in
lieu thereof; for granting new duties in certain cases therein men¬
tioned ; for repealing the duties of Excise on licenses, and on carriages
constructed by coachmakers, and granting new duties thereon, under
the management of the said Commissioners for the Affairs of Taxes ;
and also new duties on persons selling carriages by auction or on com¬
mission ;

in part; namely,—

Sections sixteen, twenty-four, fifty, fifty-one, fifty-three, fifty-four,
fifty-six to fifty-eight inclusive, sixty, sixty-nine, seventy,
seventy-two, seventy-six, seventy-eight, and eighty.

An Act to amend the several laws relating to the duties under the
management of the Commissioners for the Affairs of Taxes.

An Act to amend so much of an Act of the forty-third year of His present
Majesty, for consolidating certain of the provisions of the Acts relating
to the duties in Scotland under the management of the Commissioners
for the Affairs of Taxes, as relates to the appointment of assessors and
sub-collectors, and the notices required to be delivered to persons
assessed to the said duties.

An Act for repealing the duties of assessed taxes, and granting new
duties in lieu thereof, and certain additional duties to be consolidated
therewith; and also for repealing the stamp duties on game certifi¬
cates, and granting new duties in lieu thereof, to be placed under the
management of the Commissioners for the Affairs of Taxes ;
in part; namely,—

Section seven.

An Act to amend the Acts relating to the duties of assessed taxes, and of
the tax upon the profits of property, professions, trades, and offices,
and to regulate the assessment and collection of the same;
in part; namely,—

Section one,'No. 1 Rules to No. 5 Rules inclusive, sections four,
five, six, and thirteen.

An Act to regulate the manner of making surcharges of the duties of
assessed taxes, and of the tax upon the profits arising from property,
professions, trades, and offices, and for amending the Acts relating to
the said duties respectively.

An Act to amend and regulate the assessment and collection of the
assessed taxes, and of the rates and duties on profits arising from
property, professions, trades, and offices in that part of Great Britain
called Scotland.

An Act to amend and render more effectual an Act of the fifty-second
year of His present Majesty, to amend and regulate the assessment
and collection of the assessed taxes, and of the rates and duties on
profits arising on property, professions, trades, and offices, in that part
of Great Britain called Scotland.

An Act to continue several Acts for the relief of persons compounding
for assessed taxes from an annual assessment, for a further term ; and
to amend the Acts relating to assessments and compositions of assessed
taxes.

An Act to amend the laws relating to the land and assessed taxes, and
to regulate the appointment of receivers general in England and Wales.

Digitized by LjOOQle

1880.

* Taxes Management Act , 1880.

Ch. 19.

117

6 Geo. 4. c. 7. -

6 Geo. 4. c. 32. -
1 & 2 Will. 4. c. 18. -

4 & 5 Will. 4. c. 60. -

5 & 6 Will. 4. c. 20. -

5 & 6 Will. 4. c. 64. -

6 & 7 WiU. 4. c. 65. -

1 Viet. c. 61. -

6 & 6 Viet. c. 37. -

6 & 7 Viet. c. 24. -

7 & 8 Viet. c. 46.

9 & 10 Viet. c. 56. -

17 Viet. c. 1. -

17 & 18 Viet. c. 85.

19 & 20 Viet. c. 80.

An Act for the further repeal of certain duties of assessed taxes, and for
granting relief in the cases therein mentioned ;
in part; namely,—

Section eleven. •

An Act to provide for the application of moneys arising in certain cases of
assessments for land tax in Great Britain.

An Act for transferring the duties of receivers general of the land and
assessed taxes to persons executing the offices of inspectors of taxes,
and for making other provisions for the receipt and remittance of the
said taxes.

An Act to amend the laws relating to the land and assessed taxes, and to
consolidate the boards of stamps and taxes;
in part; namely,—

Sections one, six, seven, eleven, twelve, thirteen, fourteen, and
fifteen.

An Act to consolidate certain offices in the collection of the revenues of
stamps and taxes, and to amend the laws relating thereto ;
in part; namely,—

Sections six, seven, ten to twenty-one inclusive..

An Act to alter certain duties of stamps and assessed taxes, and to
regulate the collection thereof;
in part; namely,—

Sections ten to thirteen inclusive.

An Act for granting relief from the duties of assessed taxes, and on stage
carriages in certain cases, and to regulate the charging of the duty
payable for taking or killing game in Great Britain; and to provide
for the collection of certain local taxes in Scotland;
in part; namely,—

Sections ten to twelve inclusive.

An Act to extend an exemption granted by an Act of the last session of
Parliament from the duties of assessed taxes, in respect of certain
carriages with less than four wheels; and to amend the laws relating to
the said duties;
in part; namely,—

Section three.

An Act to continue until the fifth day of April one thousand eight
hundred and forty-four compositions for assessed taxes, and to amend
the laws relating to the land and assessed taxes;
in part; namely,—

Section seven.

An Act to continue until the fifth day of April one thousand eight
hundred and forty-five compositions for assessed taxes, and to amend
the laws relating to the land and assessed taxes, and also the laws
relating to the duties on profits arising from property, professions,
trades, and offices.

An Act to continue until the fifth day of April one thousand eight
hundred and forty-six compositions for assessed taxes, and to amend
certain laws relating to duties under the management of the Commis¬
sioners of Stamps and Taxes.

An Act to provide forms of proceedings under the Acts relating to the
duties of assessed taxes, ana the duties on profits arising from property,
professions, trades, and offices in England.

An Act to explain and amend an Act of the last session relating to the
duties of assessed taxes, and to authorise justices of the peace in Ireland
to administer oaths required in matters relating to income tax;
in part; namely,—

Section five.

An Act for better securing the collecting and accounting for the land tax,
assessed taxes, and income tax by the collectors thereof.

An Act to grant relief in assessing the income tax on lands in Scotland
in respect of certain public burdens charged thereon; to alter and
regulate the allowances to clerks to the Commissioners of Income Tax ;
and to amend the laws relating to the land, assessed, and income
taxes, and the redemption and purchase of the land tax;
in part; namely,—

Sections two and four.

Digitized by

Google

118

Ch. 19.

Taxes Management Act, 1880. 43 & 44 Vict.

20 & 21 Vict. c. 28. -

24 & 25 Vict. c. 91. -

25 Vict. c. 22. -

26 & 27 Vict. c. 33. -

27 & 28 Vict. c. 56. -

28 Vict. c. 30. -

29 & 30 Vict. c. 64. -

30 & 31 Vict. c. 90. -

32 & 33 Vict. c. 14. -

33 Vict. c. 4. -

33 & 34 Vict. c. 32.

34 & 35 Vict. c. 103.
36 Vict. c. 8. .

36 Vict. c. 18. -

37 Vict. c. 16. •

41 Vict. c. 15. -

42 & 43 Vict. c. 21.

An Act to amend the laws relating to the payment of the land and
assessed taxes and property and income tax m Scotland;
in part; namely,—

Section two.

An Act to amend the laws relating to the Inland Revenue ;
in part; namely,—

Sections thirty-seven to forty-five inclusive.

An Act to continue certain duties of Customs and Inland Revenue far the
service of Her Majesty, and to grant, alter, and repeal certain other
duties;

in part; namely,—

Sections forty-two to forty-five inclusive.

An Act for granting to Her Majesty certain duties of Inland Revenue, and
to amend the laws relating to the Inland Revenue;
in part; namely,—

Section twenty-three.

An Act for granting to Her Majesty certain stamp duties, and to amend
the laws relating to the Inland Revenue;
in part; namely,—

Sections fifteen and nineteen.

An Act to grant certain duties of Customs and Inland Revenue;
in part; namely,—

Section five.

An Act to amend the laws relating to the Inland Revenue;
in part; namely,—

Sections seventeen and eighteen.

An'Act to alter certain duties ana to amend the laws relating to the Inland
Revenue;
in part; namely,—

Section twenty-six. 1

An Act to grant certain duties of Customs and Inland Revenue, and to
repeal and alter other duties of Customs and Inland Revenue;
in part; namely,—

Part II., sections five to elevenindusive.

Income Tax Assessment Act, 1870.

The Customs and Inland Revenue Act, 1870;
in part; namely,—

Part V. (section sixteen).

The Customs and Inland Revenue Act, 1871;
in part; namely,

Section thirty.

An Act to make provision for the assessment of income tax, and as to
assessors in the metropolis;
in part; namely,—

Sections one and two.

The Customs and Inland Revenue Act, 1873 ;
in part; namely,—

Sections six to nine inclusive.

The Customs and Inland Revenue Act, 1874;
in part; namely,— ,

Sections eight to ten inclusive.

The Customs and Inland Revenue Act, 1878 ;
in part; namely,—

Sections fourteen and fifteen.

The Customs and Inland Revenue Act, 1879 ;
in part; namely,— *

Sections nineteen to twenty-five inclusive; ’

Sections 5,7. THE FOURTH SCHEDULE.

Enactments in which a reference to this Act is to be substituted.

38 Geo. 3. c. 5.

An Act for granting to His Majesty an aid by a land tax to be nosed in
Great Britain for the service of the year one thousand seven hundred
and ninety-eight.

Digitized by

Google

1880.

Taxes MaTiagement Act, 1880.

Ch. 19, 20.

119

48 Geo. 3. c. 161. .

[ss. 10,15,17,66,59,
62, and 77-]

48 Geo. 3. c. 55.
[Sell. A.]

57 Geo. 3. c. 25.

[ss. 1, 2, 3, and 4.]

5 Geo. 4. c. 44.-
[s.4.]

4 & 5 Will. 4. c. 60. -
[ss. 2, 5, 8, and 9.]

5 & 6 Will. 4. c. 20. -
[ss. 4, 5, 8, and 9.]

6 & 7 Will. 4. c. 28. -

5 8c 6 Viet. c. 35.

5 & 6 Viet. c. 37. -

[ss. 3, 4, 5, and 6.]

12 Viet. c. 1. -

16 & 17 Viet. c. 34. -
23 Viet. c. 14. -

29 Viet. c. 36. -
[s. 8.]

34 & 35 Viet. c. 103.
[s. 31.]

41 Viet. c. 15. -
[ss. 12, 13, and 16.]

An Act for repealing the several duties under the management of the
Commissioners for the Affairs of Taxes, and granting new duties in lieu
thereof; for granting new duties in certain cases therein mentioned; for
repealing the duties of Excise on licenses, and on carriages constructed
by coachmakers, and granting new duties thereon, under the manage¬
ment of the said Commissioners for the Affairs of Taxes; and also new
duties on persons selling carriages by auction or on commission.

An Act for repealing the duties of assessed taxes, and granting new
duties in lieu thereof, and certain additional duties to be consolidated
therewith; and also for repealing the stamp duties on game certificates,
and granting new duties in lieu thereof, to be placed under the manage ¬
ment of the Commissioners for the Affairs of Taxes.

An Act to explain and amend an Act made in the forty-eighth year of
His present Majesty, for repealing the duties of assessed taxes, and
granting new duties in lieu thereof; and to exempt such dwelling-
houses as may be employed for the sole purpose of trade, or of lodging
goods, wares, or merchandize, from the duties charged by the said Act
(23rd May 1817).

An Act for allowing persons to compound for their assessed taxes for the
remainder of the periods of composition limited by former Acts, and for
granting relief in certain cases.

An Act to amend the laws relating to the land tax, and to consolidate the
boards of stamps and taxes.

An Act to consolidate certain offices in the collection of the revenues of
stamps and taxes, and to amend the laws relating thereto.

An Act to enable persons to make deposits of stock or Exchequer bills
in lieu of giving security by bond to the Postmaster General, and Com¬
missioners of Land Revenue, Customs, Excise, Stamps, and Taxes.

The Income Tax Act, 1842.

An Act to continue until the fifth day of April one thousand eight
hundred and forty-four compositions for assessed taxes; and to amend
the laws relating to the lana and assessed taxes.

An Act to consolidate the Board of Excise and Stamps and Taxes into
one Board of Commissioners of Inland Revenue, and to make provision
for the collection of such revenue.

The Income Tax Act, 1853.

An Act for granting to Her Majesty duties on profits arising from pro¬
perty, professions, trades, and offices.

An Act to grant, alter, and repeal certain duties of Customs and Inland
Revenue, and for other purposes relating thereto.

The Custotos and Inland Revenue Act, 1871.

The Customs and Inland Revenue Act, 1878.

CHAPTER 20.

An Act to repeal the duties on Malt, to grant and alter
certain duties of Inland Revenue, and to amend the
Laws in relation to certain other duties.

[12th August 1880.]

Most Gracious Sovereign,

W E, Your Majesty’s most dutiful and loyal subjects, the Com¬
mons of the United Kingdom of Great Britain and Ireland,
in Parliament assembled, towards raising the necessary supplies
to defray Your Majesty’s public expenses, and making an addition
to the public revenue, have freely and voluntarily resolved to give
and grant unto Your Majesty the several duties herein-after men¬
tioned, and do therefore most humbly beseech Your Majesty that

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120 Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vict.

it may be enacted; and be it enacted by the Queen’s most Ex¬
cellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:

Short title. 1 . This Act may be cited as the Inland Revenue Act, 1880.

Interpretation 2. In this Act each of the following terms shall have the mean-

of terms. i n g aligned to it by this section, unless it is otherwise expressly
provided, or there is something in the subject or context incon¬
sistent therewith :

“ Person ” includes a body of persons, whether corporate or unin¬
corporate.

“ Malt trader ” means and includes a maltster or maker of malt,
a dealer in malt, a roaster of malt, a brewer of beer for sale,
and a vinegar maker.

“ Beer ” includes ale, porter, spruce beer, and black beer, and any
other description of beer.

“ Brewer ” means a brewer of beer.

“Sugar” means any saccharine substance, extract, or syrup, and
includes any material capable of being used in brewing except
malt or corn.

“ Commissioners ” means Commissioners of Inland Revenue.

“ Collector ” means the collector of Inland Revenue for the col¬
lection in which the premises of a brewer are situate, and
includes a person acting as such collector.

“ Officer ” means officer of Inland Revenue.

“Proper officer” means the officer of the division or ride in
which the premises of a brewer are situate, and includes a
person acting as such officer, and also any officer superior in
matters of excise to such officer.

“ Prescribed ” and “ approved ” mean respectively prescribed or
approved by the Commissioners.

Part I.

Malt.

Repeal of Duties on Malt and Provisions as to Malt in Stock .

Repeal of 3. On the first day of October one thousand eight hundred and

excise duties eighty, the following duties of excise shall cease to be charged and
on malt, &c. payable; (that is to say,)

The duties on malt;

The duty on sugar used by any brewer of beer for sale in the
brewing or making of beer, or in the preparation therefrom of
any liquor or substance to be used as colouring in the brewing
or making of beer ;

The duties on licences to be taken out by—

A maltster or maker of malt;

A roaster of malt;

A dealer in roasted malt; and
A brewer of beer for sale ;

And the drawbacks of excise now payable on malt and beer
shall cease to be allowed.

Customs duties 4. On and after the first day of October one thousand eight
on malt, &c. to hundred and eighty the duties of customs on the following articles,

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1880. Inland Revenue Act , 1880. Ch. 20. 121

viz., malt, vinegar and pickles preserved in vinegar, shall cease
and determine. And the prohibition contained in the forty-second
section of the Customs Consolidation Act, 1876, so far as respects
extracts, essences, or concentrations of malt, shall on that day cease
and be removed.

5. There shall be paid or allowed to every malt trader for all diy Allowance on
unground malt produced to, and taken account of by, the proper 111311 m stock *
officer, and the quantity thereof ascertained between the twenty-
seventh and thirtieth days of September one thousand eight hundred
and eighty, both days inclusive, as his stock and in his custody
and possession, and for which duty shall have been paid or charged,
the several allowances and sums of money following; (that is to
say,)

For every bushel of such malt made in England from barley,
or any other corn, two shillings and sevenpence, with five per
centum thereon;

For every bushel of such malt made in Scotland or Ireland from
barley, or any other corn, except bear or bigg, two shillings and
sevenpence, with five per centum thereon ;

And for every bushel of such malt made in Scotland or Ireland
from bear or bigg only without any mixture of barley or any
other corn therewith, two shillings, with five per centum
thereon:

Provided, that, from the quantity of all brown or porter malt, and
roasted or black malt, there shall be deducted twenty per centum
for the swell and increase thereof over the quantity of such malt
charged with duty; but if such malt shall be screened and cleaned,
there shall be deducted fifteen per centum only, and from all other
unscreened or partially screened malt there shall be deducted five
per centum, and the allowance shall be computed and paid or
allowed only on the remaining quantity of such malt after making
such deductions respectively.

6 . (1.) Every malt trader claiming allowance in respect of any Rules to be
malt must, in order to entitle him to the allowance, observe the ob ? l T e ^ by
following rules claiming

(a.) He must give notice in writing to the proper officer three allowance,
days previously to the said twenty-seventh day of Sep¬
tember one thousand eight hundred and eighty, of his
name and place of abode, the description of the business
carried on by him as a malt trader, and the place where
the malt is deposited, and whether the malt is fully screened
or otherwise:

(6.) The malt must be completely dried and finished:

(c.) Before the said twenty-seventh day of September one thou¬
sand eight hundred and eighty the malt must be placed so
as to enable the officer conveniently to gauge the same
and ascertain the quantity thereof:

(d.) In case any corn shall be in operation for making into malt
at any time between the said twenty-seventh and thirtieth
days of September one thousand eight hundred and
eighty, both inclusive, and shall be actually made into
malt, dried and finished, before the time when the officer
shall first take an account of the malt in the stock of the

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122 Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vict.

malt trader, he shall be entitled to claim allowance in
respect of such malt upon giving twelve hours previous
notice in writing to the proper officer, specifying the quan¬
tity of such malt, and the place where the same is deposited,
and whether it is fully screened, or otherwise; and ail
such malt shall be kept separate from all other malt, and
so as to enable the officer conveniently to gauge the same
and take an account thereof:

(e.) The malt trader shall not alter the position of any malt in
respect of which an allowance is claimed or remove the
same or any part thereof until after the said thirtieth day
of September one thousand eight hundred and eighty, and
after the officer shall have gauged the same and taken an
account thereof

(2.) If any licensed brewer shall be desirous of making use of any
malt belonging to him in respect of which an allowance has been
claimed, he may do so upon giving to the proper officer twenty-four
hours previous notice in writing specifying the quantity intended to
be used.

(3.) If from any inevitable accident or unforeseen circumstance a
malt trader shall be prevented from receiving into his stock, before
the said twenty-seventh day of September one thousand eight
hundred and eighty, and in time to enable him to comply with
the foregoing rules, any malt which shall have been delivered to
any common carrier to be conveyed to such ipalt trader within seven
days previously to the said last-mentioned day, the Commissioners
may, upon proof to their satisfaction of the facts and that no fraud
has been committed or intended with regard to such malt, grant
to such malt trader the allowance in respect thereof subject to such
regulations as they may make in that behalf.

Mod© of pay- 7. (1.) When an account has been finally taken of any malt the
Mce! ° f aUow " proper officer shall give to the malt trader a certificate in the pre¬
scribed form, specifying the quantity of the malt for which he shall
be entitled to an allowance, and the amount of such allowance.

(2.) Upon the production of the certificate to the collector with
a declaration made by the malt trader before a justice of the peace,
or such collector, stating as follows :

(a.) That all duties have been paid or charged in respect of the
malt specified in the certificate;

(6.) That no part of such malt has been taken account of more
than once for the purpose of obtaining an allowance;

(c.) That the malt is of the respective kinds mentioned in the
certificate, and was at the time specified therein in the
custody or possession of such malt trader as his property,
or for the use of some other malt trader;

( d .) That the statements in the certificate are true, and that no
fraud was practised upon the officer taking the account,
the collector shall pay to the malt trader the sum specified in the
certificate on or within six days after the twentieth day of November
one thousand eight hundred and eighty, if the duties 'upon such
malt have been paid, or shall cancel any charge which has been
made in respect of the said malt, if the duties have not been paid.

(3.) If any person shall knowingly make any alteration in any

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Inland Revenue Act, 1880.

Ch. 20.

Malt traders
who have sold
malt as duty
paid to deduct
or repay the
allowance.

certificate, or make use, or attempt to make use, of any untrue cer¬
tificate, or shall make any false statement in any such declaration,
he shall incur a fine of five hundred pounds.

8 . (1.) An officer may at any time in the daytime, between the Officer may
said twenty-seventh and thirtieth days of September one thousand

eight hundred and eighty, both inclusive, enter every house or other
place where any malt, in respect of which an allowance has been
claimed, is deposited, and inspect and examine the same.

(2.) Every malt trader who shall claim allowance shall, in order
to entitle him thereto, with his servants and workmen, whenever
required by an officer, aid and assist in the examination, gauging,
measuring, and taking account of the malt.

(3.) If any person shall obstruct or hinder an officer in the
execution of any of his powers in relation to malt subject to allow¬
ance, or shall practise any fraud or contrivance with intent to de¬
ceive an officer in taking any such account as aforesaid, or whereby
Her Majesty may be defrauded, he shall for every such offence
incur a fine of two hundred pounds, and all malt in respect of
which any such offence is committed shall be forfeited.

9. Every malt trader who shall have sold or delivered, or shall Malt traders
have contracted to sell or deliver, any malt as duty paid, but in re- ^alt aa^datv^
spect of which an allowance is granted under this Act, shall deduct paid to deduct
from the purchase money, or if the purchase money has been paid, or repay the
shall repay, the amount of any allowance which may be granted to aUowance *
such malt trader in respect of such malt.

Pabt II.

Brewers and Excise Duty on Beer.

10 . (1.) On and after the first day of October one thousand Brewers
eight hundred and eighty, there shall be granted and paid for the licence,
use of Her Majesty, her heirs and successors, the following duties

of excise on licences to be taken out annually by brewers in the
United Kingdom ; (that is to say,)

£ 8. d.

On a licence to be taken out by a brewer for sale - 1 0* 0
On a licence to be taken out by any other brewer - 0 6 0

(2.) Every such licence shall be in such form as the Commis¬
sioners shall direct, shall, whenever issued, be granted only on pay¬
ment in full of the duties respectively, and shall expire on the
thirtieth day of September in each year.

(3.) If any person shall brew beer without having in force a
proper licence under this Act, he shall incur a fine of one hundred
pounds, and all worts, beer, and vessels, utensils, and materials for
brewing in his possession shall be forfeited.

11 . On and after the first day of October one thousand eight Excise duty on
hundred and eighty, there shall be charged, collected, levied, and beer *

paid for the use of Her Majesty, her heirs and successors, in respect
of beer brewed in the United Kingdom, a duty calculated accord¬
ing to the specific gravity of the worts thereof; that is to say,

Upon every thirty-six gallons of worts of a specific gravity of
one thousand and fifty-seven degrees the duty of six shillings
and threepence;

and so in proportion for any difference in quantity or gravity.

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124 Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vict.

Equivalent of
“ bushel of
malt ” in com
or sugar, and
definition of
expression.

Regulations as
to charge of
duty.

12 . Forty-two pounds weight of malt or corn of any description,
or twenty-eight pounds weight of sugar, shall be deemed the equiva¬
lent of a bushel of malt; and the expression “ bushel of malt ” shall
include either of its equivalents, or any quantities of malt, com, and
sugar, or any two of those materials, as by relation to such equiva¬
lents shall be equal to a bushel of malt.

13 . (1.) Every brewer shall be deemed to have brewed thirty-six
gallons of worts of the gravity of one thousand and fifty-seven
degrees for every two bushels of malt entered or used by him in
brewing.

(2.) The duty on beer brewed by a brewer other than a brewer
for sale shall be charged on the quantity of worts by relation to
materials as aforesaid.

(3.) The duty on beer brewed by a brewer for sale shall be
charged in respect of every thirty-six gallons of worts produced of
the gravity or original gravity of one thousand and fifty-seven
degrees, and so in proportion for any difference in quantity or gravity
as entered in the book by the brewer, or as ascertained by the officer,
whichever is higher.

(a.) If the amount of worts deemed to have been brewed by rela¬
tion to materials exceeds in quantity and gravity by more
than four per centum the worts produced from such
materials, the duty shall be charged in respect of the
h excess over and above the four per centum.

(6.) In respect of such accidental loss and waste as arises in the
brewing of beer, a deduction of six per centum shall be
made from the quantity of worts produced.

(4.) Where the materials used in brewing by a brewer for sale
are proved to the satisfaction of the Commissioners to be of such a
description or nature that some deduction from the quantity
chargeable by relation to materials should be made, they shall make
such a deduction from that quantity as shall, in their opinion, afford
just relief to the brewer.

Mode of ascer- 14 . (1.) An approved saccharometer and tables shall be used to
and^ntft^ ascerta ^ n the quantity by relation to gravity of all worts ; and, in
an quan y. ca | cl Q a |.j n g the gravity, a degree of gravity shall be taken as equal
to one thousandth part of the gravity of distilled water at sixty
degrees Fahrenheit.

(2.) The quantity and gravity so ascertained shall be deemed
to be the true quantity and gravity of such worts.

Mode of ascer- 15. When fermentation has commenced in any worts so that the
taming original or igj na j gravity cannot be ascertained by the saccharometer, such
e gravity may be determined in the following manner :

(1.) A sample is to be taken from any part of such worts and a
definite quantity thereof by measure at the temperature of
sixty degrees Fahrenheit shall be distilled :

(2.) The distillate and residue shall each be made up with distilled
water to the original measure of the quantity before dis¬
tillation, and the gravity of each shall be ascertained :

(3.) The number of degrees by which the gravity of the distillate
is less than the gravity of distilled water shall be deemed
the spirit indication of the distillate :

Digitized by LjOOQle

125

1880. Inland Revenue Act , 1880. Ch. 20.

(4.) The degrees of original gravity standing opposite to such
spirit indication in the Table in the First Schedule to this
Act added to the specific gravity of the residue shall be
deemed to be the original gravity of the worts.

16 . The duty on beer shall become due immediately on the same
being charged by the officer, but, in the case of a brewer for sale,
the Commissioners may cause the charge to be made up at the close
of each month in respect of all the brewings during that month, and,
in that case, the aggregate of the amounts of worts deemed to be
brewed by relation to materials, and the aggregate of the amounts
of worts produced, shall be treated as worts deemed to be brewed
or produced in one brewing, and the Commissioners may, if they
think fit, defer the payment of the duty upon such terms as may be
prescribed : Provided that the time for payment shall not be later
than the fifteenth day of the month succeeding the month in
which the duty was charged.

17 . (1.) If any duty payable by a brewer remains unpaid after
the time within which it is payable, the collector may, by warrant
signed by him, empower any person to distrain all beer, malt, or
other materials for brewing, vessels, and utensils belonging to the
brewer, or in any premises in the use or possession of the brewer or
of any person on his behalf or in trust for him, and to sell the same
by public auction, giving six days previous notice of the sale.

(2.) The proceeds of sale shall be applied in or towards payment of
the costs and expenses of the distress and sale, and in or towards
payment of the duties due from the brewer, and the surplus, if any,
shall be paid to the brewer.

(3.) In the event of any beer, malt, or other materials being so
distrained, the brewer may, at any time before the day appointed
for the sale, remove the whole or any part thereof on paying to the
collector, in or towards payment of the duty, the true value of the
beer, malt, or other materials.

18 . When any materials upon which a charge of duty has been
made, or any worts or beer, shall be destroyed by accidental fire or
other unavoidable cause, while the same are on the entered premises
of a brewer, the Commissioners shall, on proof of such loss to their
satisfaction, remit or repay the duty charged or paid.

* As to Brewers for Sale.

19 . Any person who brews beer for the use of any other person
at any place other than the premises of the person for whose use
the beer shall be brewed, and any person licensed to deal in, or retail,
beer, who brews beer, shall be deemed to be a brewer for sale.

20 . A book in the prescribed form shall be delivered by an officer
to every brewer for sale, and the following provisions shall have
effect in relation to the book, and to the entries to be made therein:—

(1.) The brewer shall keep the book in some part of his entered
premises at all times ready for the inspection of the
officers, and shall permit any officer at any time to inspect
the same and make extracts therefrom.

(2.) The brewer shall enter separately in the book the quantity
of malt, corn, and sugar which he intends to use in his

Payment of
duty.

Power to dis¬
train for duties
in arrear.

Loss by fire,
&c.

Certain
persons to be
deemed brewers
for sale.

A brewing
book to be
delivered to
brewers for
sale and provi¬
sions to be
observed in
relation thereto.

Digitized by LjOOQle

126 Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vict.

Marking of
vessels and
rooms and
positions of
vessels.

Entry of pre¬
mises.

next brewing, and also the day and hour when such next
brewing is intended to take place.

(3.) The brewer shall make such entry, so far as respects the day
and hour of brewing, twenty-four hours at the least before
he shall begin to mash any malt or com, or dissolve any
sugar, and so far as respects the quantity of malt, com,
and sugar, two hours’at the least before the hour entered
for brewing.

(4.) The brewer shall, two hours at the least before the hour
entered for brewing, enter the time when all the worts
will be drawn off the grains in the mash tun.

(5.) The brewer shall, within one hour of the worts being col¬
lected, or, if the worts be not collected before nine in the
afternoon, before nine in the forenoon of the following
day, enter the particulars of the quantity and gravity of
the worts produced from each brewing, and also the
description and number of the vessel or vessels into which
the worts have been conveyed.

(6.) The brewer shall, at the time of making any entry, insert
the date when the entry is made.

(7.) The brewer shall not cancel, obliterate, or alter any entry
in the book, or make therein any entry which is untrue in
any particular.

(8.) The brewer shall, if so required by the Commissioners, send
notice in writing containing the prescribed particulars to
the proper officer forty-eight hours before his next brewing
is intended to take place.

For any contravention of this section the brewer shall incur a
fine of one hundred pounds.

21 . (1.) Every brewer for sale must cause to be legibly painted
with oil colour, and keep so painted, on some conspicuous part of
every mash tun, underback, wort receiver, copper, heating tank,
cooler, and collecting and fermenting vessel, intended to be used by
him in his business, and of the outside of the door of every room
and place wherein any part of his business is to be carried on, the
name of the vessel, room, or place, according to the purpose for
which it is intended.

(2.) When more than one vessel, room, or place is used for the
same purpose, all such vessels, rooms, or places must be marked by
progressive numbers.

(3.) All mash tuns, underbacks, wort receivers, coppers, heating
tanks, coolers, and collecting and fermenting vessels, shall be so
placed and fixed as to admit of the contents being accurately ascer¬
tained by gauge or measure, and shall not be altered in shape,
position, or capacity without two days previous notice in writing to
the proper officer.

(4.) For any contravention of this section the brewer shall incur
a fine of one hundred pounds.

22 . (1.) Every brewer for sale must, before he begins to brew,
make entry in the prescribed form of all premises, rooms, places,
and vessels intended to be used by him for his business, specifying
the purpose for which each room, place, and vessel is to be used,
and the mark by which it is distinguished.

Digitized by LjOOQle

127

1880. Inland Revenue Act , 1880. Ch. 20.

(2.) The brewer must sign the entry, and deliver it to the proper
officer.

23 . ( 1 .) All grains in a mash tun must be kept untouched for Provisions a s

the space of one hour after the time entered in the book as the to operations in
time for the worts to be drawn off, unless the officer has attended £ ou ^ of
and taken an account of such grains. g ’

(2.) All worts shall be removed successively, and in the customary
order of. brewing, to the underback, coppers, coolers, and collecting
and fermenting vessels, and shall not be removed from the last-
mentioned vessels until an account has been taken by the officer,
or until after the expiration of twelve hours from the time at
which the worts are collected in such vessels.

(3.) When worts shall have commenced running into a collecting
or fermenting vessel, the whole of the produce of the brewing shall
be collected within twelve hours.

(4.) For any contravention of this section the brewer shall incur
a fine of fifty pounds.

24 . If the original gravity of any worts contained in the col- provision for
lecting or fermenting vessels shall at any time be found to exceed case of excess
by five degrees the gravity as entered in the book by the brewer, ^ 0 ^ avity of
or as ascertained by the officer, such worts shall be deemed to

be the produce of a fresh brewing and be charged with duty
accordingly.

25. (1.) Every brewer for sale shall keep the total produce of a Provisions as

brewing separate from the produce of any other brewing for the the separa-
space of twenty-four hours, unless an account of the first-mentioned mf^^* f the
produce shall have been sooner taken by the officer. brewings.

(2.) He shall not mix the produce of one brewing with that of
any other brewing, except in his store vats or casks, unless he shall
have given previous notice in writing to the proper officer, and he
shall specify in writing the quantity and gravity of the worts
when mixed : Provided, that a brewer having weak worts of a
gravity not exceeding twenty-five degrees, may, if he think fit,
reserve them for mixing with the produce of his next brewing, but
in such case he shall keep all such weak worts in the coppers,
heating tanks, or other vessels entered for the purpose.

(3.) For any contravention of this section the brewer shall incur
a fine of one hundred pounds.

26. (1.) An officer may take such samples as he may deem Power for

necessary of any worts or beer or materials for brewing in the officer to take
possession of any brewer for sale. samp e8 ‘

(2.) The brewer may, if he wishes, before any such sample is
taken, stir up and mix together all such worts, beer, or materials’
from which the sample is taken.

27. If any brewer for sale shall conceal any worts or beer so as p enaltjr for
to prevent any officer from taking an account thereof, or shall mix concealing
any sugar with any worts or beer so as to increase the quantity or wort f? r beer -
gravity thereof after an account of such worts or beer has been thereto*^affor^
taken by an officer and the duty has been charged thereon, he shall, duty charged,
for every such offence, incur a fine of one hundred pounds, and the

worts or beer in respect of which the offence is committed, together
with the vessels containing the same, shall be forfeited.

Digitized by LjOOQle

12S

Ch. 20.

Brewer to
provide scales,
weights, lad¬
ders, &c.

Power of
entry and
examination by
officers.

Power to enter
and search for
concealed
pipes, &c.

Obstruction of
officers.

A brewing
paper to be
delivered to
brewers other
than brewers
for sale for
the purpose of
entries therein.

Inland Revenue Act , 1880. 43 & 44 Vicr.

28. (1.) Every brewer for sale must provide and maintain suffi¬
cient and just scales and weights and other necessary and reason¬
able appliances to enable the officers to take account of, or check
by weight, gauge, or measure all materials and liquids used or
produced in brewing.

(2.) He must also render all necessary assistance to the officers
in the taking of such accounts.

(3.) He must also, if required by the officer, provide sufficient
lights, ladders, and other conveniences.

(4.) For every contravention of this section the brewer shall incur
a fine of one hundred pounds.

29. (1.) An officer may at any time, either by day or night,
enter any part of the entered premises of a brewer for sale, to take
an account of the materials used or to be used in brewing, and of
the worts and beer produced.

(2.) If an officer, after having demanded admission into the entered
premises of a brewer for sale, and declared his name and business
at any entrance or window thereof, is not immediately admitted,
the officer, and any person acting in his aid, may at any time,
either by day or night (but at night only in the presence of an
officer of the peace), break open any door or window of the premises,
or break through any wall thereof for the purpose of obtaining
admission, and the brewer shall incur a fine of one hundred pounds.

30 . (1.) If any officer has reason to suspect that any private
or concealed pipe, or conveyance, or vessel, is kept or made use of
by a brewer for sale, he may, either by day or night, but at night
only in the presence of an officer of the peace, break open any part
of the premises of such brewer and forcibly enter therein, and may
break up the ground in or adjoining such premises, or any wall
thereof, to search for such private or concealed pipe, or conveyance,
or vessel.

(2.) If such officer shall find any such pipe or conveyance, he
may enter any house in the possession of any other person into
which such pipe or conveyance may lead, and may break up any
part of such house or premises to search for the vessel communi¬
cating with such pipe.

(3.) Every such pipe, conveyance, or vessel, and all beer, worts,
or materials for brewing found therein, shall be absolutely forfeited,
and the brewer shall incur a fine of one hundred pounds.

(4.) If any damage is done in the search, and such search is
unsuccessful, the damage shall be made good.

31 . If any person by himself, or by any person in his employ,
obstructs, hinders, or molests an officer in the execution of Ins
duty, or any person acting in the aid of such officer, he shall incur
a 6ne of one hundred pounds.

A 8 to Breiver8 other than Brewers for Sale.

32. A paper in the prescribed form shall be delivered by an
officer to every brewer, other than a brewer for sale, if chargeable
to the duty on beer under this Act, and the following provisions
shall have effect in relation to the paper and the entries to be made
therein:—

Digitized by LjOOQle

1880.

Ch. 20.

129

Inland Revenue Act , 1880 .

(1.) The brewer shall, before commencing to brew, enter in the
paper the quantity of malt, corn, and sugar which he
intends to use in the brewing;

(2.) The brewer shall, on demand by an officer, produce the
paper for his inspection, and shall not cancel, obliterate,
or alter any entry in the paper, or make any entry which
is untrue in any particular.

For any contravention of this section the brewer shall incur a fine
of ten pounds.

33. (1.) The Commissioners may, when they think fit, require ^chat 0 " and
a brewer other than a brewer for sale to verify the entries in the pa^enTof* 1
paper delivered to him by a declaration to be made by him before a duty,
justice of the peace or an authorised officer.

(2.) The charge of duty shall be made, and the duty shall be
paid, at such times as the Commissioners shall appoint.

(3.) Provided that if the annual value of the house occupied
by the brewer does not exceed ten pounds, the beer brewed by him
shall not be charged with duty.

34. (1.) A brewer, other than a brewer for sale, shall only brew Beer brewed to
beer for his own domestic use, or for consumption by farm- be for domestic
labourers employed by him in the actual course of their labour or 118C ‘
employment.

(2.) The brewer shall only brew on premises occupied by him,
or, in case the brewer occupies a house of an annual value not
exceeding ten pounds, on premises gratuitously lent to him by a
brewer other than a brewer for sale.

(3.) If the brewer contravenes either of the foregoing provisions
of this section, or sells, or offers for sale, any beer brewed by him,
he shall incur the penalty of ten pounds.

35. Any officer may at all reasonable times enter and inspect any Power of entry,
premises used for the purposes of brewing by a brewer other than a

brewer for sale, and examine the vessels and utensils used by him
for the purposes of brewing.

Drawback on Beer.

36. On and after the first day of October one thousand eight Drawback on
hundred and eighty there shall be allowed and paid in respect of t*er exported,
beer which shall be exported from the United Kingdom to foreign

parts as merchandise, or shipped for use as ship's stores, a drawback
calculated according to the original gravity thereof; (that is to say,)

Upon every thirty-six gallons of an original gravity of one
thousand and fifty-seven degrees the drawback of six shillings
and threepence,

and so in proportion for any difference in quantity or gravity.

37. (1.) It shall be lawful for any person to export as merchandise Provisions as

to foreign parts, or for use as ship’s stores, any beer brewed by a draw ’
brewer for sale in the United Kingdom. ac *

(2.) The beer shall be in such casks or packages as may be
prescribed, and the person intending to export the same shall pro¬
duce to the proper officer at the place from which the beer is to be
exported a declaration by the brewer made before an authorized
officer stating the date upon which the beer was brewed and the
original gravity thereof, and that the full duties of excise have
been charged thereon.

[the law reports.] I

Digitized by LjOOQle

130

Samples to
ascertain
gravity of beer
for export.

As to deben¬
ture for pay¬
ment of draw¬
back.

Meaning of
terms.

Alteration of
the duties on
certain excise
licences.

Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vicr

(3.) He shall also give to the said officer a notice in the prescribed
form specifying the mark and number on each cask or package to be
exported, the original gravity and quantity of the beer therein, and
the amount of the drawback claimed.

38. (1.) An officer or an officer of customs may take a sample
of beer from any cask or package produced for shipment on draw¬
back for the purpose of ascertaining in the manner authorized by
this Act the original gravity thereof.

(2.) If the gravity so ascertained, or the quantity tested by
gauge or measure, shall be less than the gravity or quantity stated
in the declaration, and notice delivered to the proper officer, or, if
such declaration or notice shall contain any untrue statement, no
drawback shall be payable in respect of the beer therein referred to,
and the brewer, and also the person intending to export the beer,
shall incur a fine of fifty pounds.

39. (1.) The officer of customs at the port from which the beer
is shipped shall endorse on the notice a certificate of the quantity of
beer actually exported, and at the expiration of one month from the
date of such certificate the proper officer shall deliver to the exporter
or his agent a debenture in the prescribed form specifying the
amount of the drawback payable in respect of the beer.

(2.) The debenture must be presented to the collector with a
declaration endorsed thereon containing the prescribed particulars,
signed by the exporter, and the collector shall thereupon pay to the
exporter the amount specified in the debenture.

(3.) Where a certificate of landing at the port of destination is
required, such certificate must be delivered to the collector previously
to the payment of the drawback.

Part III.

Licences for the Sale of Liquors by Retail .

40. For the purposes of this part of this Act each of the follow¬
ing terms shall have the meaning assigned to it in this section:

Cider 99 includes perry :

“ Sweets ” includes made wines, mead, and metheglin:

“Beer” includes cider:

“ Wine ” includes sweets.

41. On and after the first day of July one thousand eight hundred
and eighty, in lieu of the duties of excise now payable on the
licences mentioned in this section (except in the case of a licence to
sell wine by retail to be taken out by a grocer in Scotland), there
shall be charged and paid the duties following; (that is to say,)

Duty.

On a licence to be taken out by a person for the selling £ s.
of cider by retail in England - - - 1 5

On a licence to be taken out by a retailer of sweets in

the United Kingdom - - - - 1 5

On a licence to be taken out by a person for the selling
by retail in the United Kingdom of beer to be con¬
sumed on the premises - - - - 3 10

On a licence to be taken out by a person for the

selling by retail in England of beer not to be con¬
sumed on the premises - - - 1 5

Digitized by LjOOQle

1880.

Inland Revenue Act, 1880 .

Ch. 2Q.

Duty.

131

£ 8 . d.

On a licence (additional) to be taken out by a licensed
dealer in beer in England or Ireland authorising
him to sell by retail beer not to be consumed on
the premises - - - - -150

On a licence to be taken out to sell wine by retail

to be consumed on the premises - - - 3 10 0

On a licence to be taken out by any person in Eng¬
land or Ireland for the sale by retail in any shop
of wine not to be consumed on the premises - 2 10 0

42. (1.) On and after the first day of July one thousand eight Duties on

hundred and eighty, there shall be charged and paid upon licences the

for the sale by retail of beer and wine to be taken out by any beer and wine,
persons in the United Kingdom who may be authorised to obtain

the same, the duties of excise following ; (that is to say,)

Duty.

£ 8. d.

On a licence for the sale by retail of beer and wine

to be consumed on the premises - - - 4 0 0

On a licence for the sale by retail of beer and wine
not to be consumed on the premises - - 3 0 0

(2.) Every such licence shall be in such form as the Commissioners
shall direct, and shall expire in England or Ireland on the tenth day
of October, and in Scotland on the fifteenth day of May, in each
year.

43. (1.) On and after the first day of July one thousand eight Alteration of
hundred and eighty, in lieu of the duties of excise now payable on

licences to be taken out by retailers of spirits in the United King- retaiiere of
dom, there shall be charged and paid the duties following; (that is spirits,
to say,)

Duty.

£ 8. d .

If the annual value of the dwelling-house in which
the retailer shall reside or retail spirits, together
with the offices, courts, yards, and gardens there¬
with occupied, is under 101. - - 4 10 0

Is 10/. and under 15/. - - - - - 600

„ 15 1.

20?. -

- 8

„ 20 7.

25?. -

- 11

„ 25?.

30?.

- 14

„ 30 1.

40?.

- 17

„ 40?.

J t

50?.

- 20

„ 50?.

100?.

- 25

„ 100?.

200?.

- 30

„ 200?.

300?.

- 35

„ 300?.

400?.

- 40

„ 400?.

500?.

- 45

„ 500?.

GOO?.

- 50

„ 600?.

>»

700?.

„ 700?. or

above

- 60

I 2

Digitized by t^ooQle

132

Extension of
six-day and
early closing
licences to
the United
Kingdom.

Ch. 20. Inland Revenue Act , 1880. 43 & 44 Vict.

(2.) The holder of a licence to retail spirits chargeable with duty
under this Act shall not be required to take out any further or other
excise licence to enable him to sell beer or wine by 1 ‘etail. The
holder of such licence shall not be liable for any per-centage, discount,
or other charge more than the amount stated in the Act

(3.) Any person applying for a six days and early closing licence
for the sale of spirits as an auxiliary only to his business as a
restaurateur or eating-house keeper, and not keeping an open
drinking bar, shall be entitled to his licence at a sum not exceeding
thirty pounds, no such reduction to be made unless the licensing
justices shall have certified by indorsement on their certificate that
the nature of the business carried on by the applicant justifies the
reduced scale of charge.

(4.) Where in the case of premises of the value of fifty pounds or
upwards it shall be proved to the satisfaction of the Commissioners
that the premises are structurally adapted for use as an inn or hotel
for the reception of guests and travellers desirous of dwelling
therein, and are mainly so used, the amount of duty to be paid on a
licence to retail spirits shall not exceed twenty pounds. Provided
that the relief under this subsection shall not be given in case any
portion of the premises is set apart and used as an ordinary public-
house for the sale and consumption therein of liquors, and the
annual value of such portion, in the opinion of the Commissioners,
exceeds twenty-five pounds.

(5.) The amount of duty to be paid for a licence to retail spirits
in any theatre granted under the provisions contained in the
seventh section of the Act of the fifth and sixth years of the reign
of King William the Fourth, chapter thirty-nine, shall not exceed
twenty pounds.

(6.) The expression “ retailers of spirits,” as used in this section,
does not include a spirit grocer in Ireland, as defined by section
eighty-one of the Licensing Act, 1872, or a dealer in spirits selling
spirits in bottle under an additional licence authorising him in that
behalf, or a grocer in Scotland as defined by section two of the
Public Houses (Scotland) Act, 1853.

(7.) In the case of premises in Ireland, the annual value, upon
which the duty on the licence in respect of the premises is to be
charged, shall not exceed the amount of the value assigned thereto
in the valuation in force under the Act of the fifteenth and sixteenth
years of Her Majesty's reign, chapter sixty-three, with the addition
of twenty per centum of such amount; and the licensed person may
appeal against the amount of annual value upon which the duty
has been charged and paid to the chairman of the sessions of the
peace for the county, or the recorder of the city or borough, in
which the premises are situate, and such chairman or recorder shall
have full power to hear and determine such appeal, and his deter¬
mination shall be final. If, in accordance with such determination,
there shall have been any over-payment of duty, the amount shall
be repaid.

44. The provisions regarding six-day licences and early closing
licences contained in section forty-nine of the Licensing Act, 1872,
and sections .'seven and eight of the Licensing Act, 1874, shall be
deemed to apply throughout the United Kingdom.

Digitized by LjOOQle

3S80.

133

Inland Revenue Act , 1880. Ch. 20.

45. (1.) The duty now charged upon a licence to supply, retail,
and sell foreign wine, strong beer, cider, perry, spirituous liquors,
and tobacco to passengers on board any packet-boat or other vessel
employed for the carriage and conveyance of passengers, to be con¬
sumed in or on board such boat or vessel, shall cease to be pay¬
able, and there shall be granted and paid the following duties of
excise ; (that is to say,)

Upon a licence to be taken out for the sale of spirits, wine, beer,
and tobacco to be consumed on board a boat or vessel of any
description employed for the carriage and conveyance of per¬
sons going as passengers from any place in the United Kingdom
to any other place in the United Kingdom, or going from and
returning to the same place on the same day,—

Duty.

£ 8 . d.

If the licence is to be in force from the day of
the date thereof until the thirty-first day of
March next ensuing - - - 5 0 0

If the licence is to be in force for one day only 10 0

(2.) Such licences shall be granted under and be subject to the
enactments contained in the Act of the ninth year of the reign of
King George the Fourth, chapter forty-seven, as amended by section
ten of the Act of the fourth and fifth years of the reign of- Ki ng
William the Fourth, chapter seventy-five, so far as such enactments
are consistent with this Act and the terms of the licences respec¬
tively.

Supplementary.

46. The duties and drawbacks of excise, charged and allowed by
Parts II. and III. of this Act, and the licences therein mentioned,
shall be under the management of the Commissioners ; and all the
powers, provisions, regulations, and directions contained in any Act
relating to excise duties, drawbacks, or licences, or to penalties or
forfeitures under excise Acts, and now or hereafter in force, shall
respectively be of full force and effect with respect to the duties and
drawbacks charged and allowed by Parts I. and II. of this Act
and the licences therein mentioned, and the penalties and forfeitures
imposed by this Act, so far as the same are applicable and are con¬
sistent with the provisions of this Act, as fully and effectually as if
the same had been herein specially enacted with reference to the
last-mentioned duties, drawbacks, licences, penalties, and forfeitures
respectively.

47. The grant of a duty on beer by this Act shall not be deemed
to bring beer within the expression “ exciseable liquors ” as con¬
tained in the Third Schedule to the Act of the eighth and ninth
years of Her Majesty's reign, chapter one hundred and nine.

48. Nothing in this Act contained shall in anywise alter or
affect the rights and privileges now existing under the charters of—

(1.) Any university in the United Kingdom, or

(2.) The master, wardens, freemen, and commonalty of the
Vintners of the city of London, or

Duties on
licences for the
sale of liquors
and tobacco in
boats.

Powers and
provisions to
be applied to
excise duties,
drawbacks, and
licences under
this Act.

Construction of
term “ excise-
able liquors ”
in billiard
licence.

Saving rights
under certain
charters.

Digitized by LjOOQle

134

Repeal of
enactments in
Second
Schedule.

Grant of
additional
duties of
income tax.

Provisions for
securing addi¬
tional duties or
dividends, See.
and as to right
of deduction.

Ch. 20. Inland Revenue Act , 1880. 43 & 44 Yict.

(3.) The mayor or burgesses of the borough of Saint Albans in
the county of Hertford.

49. On the first day of October one thousand eight hundred and
eighty the enactments described in the Second Schedule to this Act
shall be and are hereby repealed, to the extent in the said schedule
mentioned : Provided that this repeal shall not affect the past
operation of any enactment hereby repealed, or the liability for, or
recovery of, any duties charged before the said first day of October,
or interfere with the institution or prosecution of any proceeding
in respect of any offence committed, or any penalty or forfeiture
incurred against or under any enactment hereby repealed.

Part IV.

Income Tax.

50. In addition to the duties of income tax granted by the
Customs and Inland Revenue Act, 1880, there shall be charged,
collected, and paid for the year which commenced on the sixth day
of April one thousand eight hundred and eighty, in respect of all
property, profits, and gains mentioned or described as chargeable
in the Act of the sixteenth and seventeenth years of Her Majesty’s
reign, chapter thirty-four, the following duties of income tax ; (that
is to say,)

For every twenty shillings of the annual value or amount of
property, profits, and gains chargeable under Schedules (A.),
(C.), (D.), or (E.) of the last-mentioned Act, the duty of one
penny;

And for every twenty shillings of the annual value of the occu¬
pation of lands, tenements, hereditaments, and heritages charge¬
able under Schedule (B.) of the last-mentioned Act, the duty of
one halfpenny;

and such duties shall, in any assessments made or to be made for
the said year, be added to, and charged, collected, and paid with the
duties granted by the Customs and Inland Revenue Act, 1880, and
shall in all respects be levied under and be subject to the same
provisions as the duties so granted.

51. (1.) Provided that, in the case of dividends, interest, or other
annual profits or gains, due or payable half-yearly or quarterly in
the course of the said year which commenced on the sixth day of
April one thousand eight hundred and eighty, where a half-yearly
payment or quarterly payment shall have become due or payable
prior to the passing of this Act, and duty at the rate of fivepence
only shall have been paid thereon, such half-yearly payment or the
two first quarterly payments shall be deemed to have been, or be,
chargeable only with the duty of fivepence granted by the Customs
and Inland Revenue Act, 1880, and the other half-yearly payment
or the two other quarterly payments shall be chargeable and assessed
and charged with the duty of sevenpence:

(2.) Provided also, that for determining the amount which may be
deducted by any person liable to pay any rent, interest, annuity, or

Digitized by LjOOQle

1880.

135

Inland Revenue Act , 1880. Ch. 20.

other annual payment in the course of the said year, on making the
payment, where any such payment shall have been made prior to
the passing of this Act, and duty at the rate of fivepence only shall
have been deducted therefrom, the duty shall be deemed to be
payable at the rate of fivepence for the first half of the said year,
and at the rate of sevenpence for the other half of the said year*

(3.) Provided also, that the charge or deduction of duty at the
rate of sixpence in the case of any payment made in the course of
the said year prior to the passing of this Act shall be deemed to
have been a legal charge or deduction.

52. The relief given by section three of the Act of the fourteenth
and fifteenth years of Her Majesty’s reign, chapter twelve, and
referred to in section forty-six of the said Act of the sixteenth and
seventeenth years of Her Majesty’s reign, chapter thirty-four, shall
be extended and granted to every person occupying lands for the
purposes of husbandry only, being the owner thereof, although he
may not obtain his livelihood principally from husbandry.

Part V.

Stamps.

58. (1.) Where any debenture stock, corporation stock, municipal
stock, or funded debt, by whatever name known, has been or shall
be created and issued by the council of any city or municipal
borough under the provisions of the Local Loans Act, 1875, or of
any other Act, the Council may, with the sanction of the Commis¬
sioners of Her Majesty’s Treasury, agree with the Commissioners
for the payment to them, by way of composition for the stamp duty
on transfers of such stock, of a sum calculated (1) at the rate of
one shilling and threepence for every full sum of ten pounds, and
the like for every fraction of ten pounds of the nominal amount
of such stock inscribed in the name of each and every stockholder
at the date of the composition; with the addition (2), when the
period within which the stock is to be redeemed or paid off, or
during which annual or other payments in respect of the redemption
or payment off of the same are required to be made, exceeds sixty
years, but does not exceed one hundred years from that date, of
threepence for every such ten pounds or fraction of ten pounds; and
(3), if the said period exceeds one hundred years, or no period is
fixed for such redemption or payment off, or no such annual or
other payments are required to be made, with the addition of the
said sum of threepence, and a further sum of threepence for every
such ten pounds or fraction of ten pounds ; and in consideration of
such payment transfers of the stock in respect of which such com¬
position has been paid shall be exempt from stamp duty.

(2.) The provisions for composition contained in this section shall
be substituted for any other enactments for a composition for the
same duty, but shall not be applicable where any composition has
been actually paid previously to the passing of this Act in respect
of any stock then created and issued.

Belief to
owner-occu¬
piers of land.

Composition
for stamp duty
on transfers of
debenture and
other stocks of
municipal
corporations.

Digitized by LjOOQle

43 & 44 Vict.

130 Ch. 20. Inland Revenue Act , 1880.

(3.) Where any such stock as in this section mentioned is issued
in lieu of mortgages or debentures on the issue of which stamp
duty has been paid, it shall be lawful for the Commissioners of
Her Majesty’s Treasury to reduce the amount of composition payable
under this section by the amount of the stamp duty so paid or any
part thereof.

Amendment of
existing Acts
as to compo¬
sition for stamp
duty.

33 & 34 Viet,
c. 24.

37 & 38 Vict.
c. 26.

40 & 41 Vict.
c. 59.

54. The sum to be paid by way of composition for stamp duty
in the following cases, that is to say,

(1.) Under sections three and four of the Metropolitan Board of
Works (Loans) Act, 1870, on transfers of metropolitan
consolidated stock and metropolitan annuities from time
to time issued or granted after the passing of this Act; or

(2.) Under section four of the Canadian Stock Stamp Act, 1874,
on transfers of stock of the Government of Canada from
time to time inscribed after the passing of this Act in
books kept in the United Kingdom ; or

(3.) Under section three of the Colonial Stock Act, 1877, on
transfers of colonial stock to which from time to time
that Act is made to apply after the passing of this Act,

shall be calculated as if the rates enacted by this Act for the com¬
position of the duty on transfers of stock created and issued by the
council of any municipal borough were substituted for the rate or
sum of seven shillings and sixpence in the said section respectively:
Provided that where the holders of the debentures of the Govern¬
ment of a colony have, before the first day of July one thousand
eight hundred and eighty, had an option given to them to exchange
such debentures within twelve months for colonial stock, to which
the Colonial Stock Act, 1877, applies, the composition for the stamp
duty on transfers of colonial stock issued in accordance with any
option declared within the said twelve months shall be the same as
if this section had not been enacted.

Application of
money received
for composition
to the reduction
of the National
Debt.

55. All sums certified by the Commissioners to have been
received by way of composition for stamp duty on transfers of stock
or annuities under this Act or any Act amended by this Act shall
be paid over to the Commissioners for the Reduction of the National
Debt, and shall be applied by them towards the reduction of the
National Debt in such manner as the Commissioners of Her Majesty’s
Treasury from time to time direct.

Stamp on
letter of renun¬
ciation may be
adhesive

56. The stamp duty of one penny on a letter of renunciation
may be denoted by an adhesive stamp, which is to be cancelled by
the person by whom the letter of renunciation is executed.

The returns of 57. It shall not after the passing of this Act be obligatory on
certain banking the Commissioners to publish in any newspaper any return made to
neS^notbe them by any banking company which is duly registered under the

advertised. provisions of the several Acts specified in the Third Schedule to this

Act, or any of them.

Digitized by LjOOQle

1880,

Inland Revenue Act, 1880.

Ch. 20.

137

SCHEDULES.

FIRST SCHEDULE.

Containing a Table to be used in determining the original specidc
Gravity of Worts of Beer.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

•1

4*1

15*5

34*3

■

54*9

• o

4*2

16*0

8*2

34*8

■

55*4

•3

4*3

16-4

8*3

35*4

mss

55*9

•4

1*2

4*4

16-8

8*4

35*9

12*4

56*4

•5

1*5

4*5

17-3

8*5

36*5

12*5

56*9

1*8

4*6

17-7

8*6

37*0

12*6

57*4

•7

2*1

4-7

18*2

37*5

12*7

57*9

•8

2*4

4*8

18*6

8*8

38*0

12*8

58*4

2-7

4*9

19*1

8*9

38*6

12*9

58*9

1-0

3*0

5*0

19*5

9*0

39*1

13*0

59*4

1-1

3*3

5*1

19-9

9*1

39*7

13*1

60-0

1*2

3-7

5*2

20*4

9*2

40*2

13*2

60-5

1-3

4*1

5*3

20*9

9*3

40*7

13*3

61*1

1*4

4*4

5*4

21*3

9*4

41*2

13*4

61-6

1*5

4*8

5*5

21*8

9*5

41-7

13*5

62-2

1-6

5*1

5*6

22*2

9*6

42*2

13*6

62-7

1-7

5*5

5-7

22*7

9-7

42*7

13*7

63-3

1*8

5*9

5*8

23*1

9*8

43*2

13*8

63-8

1*9

6*2

5*9

23*6

9*9

43*7

13*9

64-3

2*0

6*6

6*0

24*1

10*0

44*2

14*0

64*8

7*0

6*1

24*6

10*1

44*7

14*1

65-4

2-2

7*4

6*2

25*0

10*2

45*1

14*2

65-9

2*3

7*8

6*3

25*5

10*3

45*6

14*3

66-5

2*4

8*2

6*4

26*0

10*4

46*0

14*4

67-1

2*5

8*6

6*5

26*4

10*5

46*5

14*5

67*6

2*6

9*0

6*6

26*9

10*6

47*0

14*6

68-2

2*7

9*4

6*7

27*4

10*7

47*5

14*7

68-7

2*8

9*8

6*8

27*8

10*8

48*0

14*8

69-3

2*9

10*2

6*9

28*3

10*9

48*5

14*9

69-9

3*0

10*7

7*0

28*8

11*0

49*0

15*0

70*5

3*1

11*1

7*1

29*2

11*1

49*6

15*1

71*1

3*2

11*5

7*2

29*7

11*2

50*1

15*2

71*7

3*3

12*0

7*3

30-2

11*3

50*6

15*3

72*3

3*4

12*4

7*4

30*7

11*4

51*2

15*4

72-9

3*5

12*9

7*5

31*2

11*5

51*7

15*5

735

3*6

13*3

7*6

31*7

11*6

52*2

15*6

74*1

3*7

13*8

7*7

32*2

11*7

52*7

15-7

74*7

3*8

14*2

7*8

32*7

11*8

53*3

15*8

753

3*9

14*7

7*9

33*2

11*9

53*8

15*9

75-9

4*0

15*1

8*0

33*7

12*0

54*3

16*0

76-5

Digitized by LjOOQle

138

43 & 44 ViCT.

Cfl. 20. Inland Revenue Act, 1880.

SECOND SCHEDULE.

Enactments Repealed.

Session and Chapter. Title or Abbreviated Title of Act. I Extent of Repeal.

1 Geo. 1. st&t 2. c. 2. An Act for charging and continuing the duties The whole Act.
on malt, &c.

33 Geo. 2. c. 7. - - An Act for granting to His Majesty several duties The whole Act.

upon malt, and for raising the sum of eight
millions by way of annuities and a lottery to
be charged on the said duties, &c.

56 Geo. 3. c. 58. - An Act to repeal an Act made in the fifty-first Sections two and

year of His present Majesty for allowing the three so far as

manufacture and use of a liquor prepared from they relate to

sugar for colouring porter. brewers.

I & 2 Geo. 4. c. 22. - An Act for altering and amending the laws of The whole Act.

excise for securing the payment of the duties
on beer and ale brewed in Great Britain.

3 Geo. 4. c. 30. - An Act for reducing, during the continuance of The whole Act.

the preseut duty on malt, the duty on malt
made from bear or bigg only in Scotland.

6 Geo. 4. c. 58. - - An Act for providing equivalent rates of excise The whole Act.

duties, allowances, and drawbacks on beer
and malt, &c.

6 Geo. 4. c. 81. - - An Act to repeal several duties payable on excise Sections two and

licences in Great Britain ana Ireland, and to twenty-six, so far

impose other duties in lieu thereof; and to as they relate to

amend the laws for granting excise licences. brewers and malt¬

sters or makers
of malt.

7 & 8 Geo. 4. c. 52. - An Act to consolidate and amend certain laws The whole Act.

relating to the revenue of excise on malt, &c.

II Geo. 4. and 1 Will.4. An Act to alter and amend an Act of the seventh The whole Act.

c. 17. and eighth years of His present Majesty for

consolidating and amending the laws of excise
on malt, &c.

11 Geo. 4. and 1 Will.4. An Act for reducing the duty on malt made The whole Act.
c. 31. from bear or bigg only, in Ireland, to the same

duty as is now payable thereon in Scotland.

11 Geo. 4. and 1 Will.4. An Act to repeal certain of the duties on cyder The whole Act, ex-
c. 51. in the United Kingdom, and on beer and ale cept sections twenty

in Great Britain, and to make other provisions two, twenty-three,

in relation thereto. and twenty-four.

1 & 2 Will. 4. c. 55. - An Act to consolidate and amend the laws for Sections one to
suppressing the illicit making of malt and dis- eight inclusive,

tillation of spirits in Ireland. and sections seven¬

teen to twenty-one
inclusive, twenty-
six, twenty-seven,
twenty-eight,thirty,

| thirty-eight, forty-

eight, and fifty-one,
so far as they relate
to malt or corn or
grain making into
malt.

7 Will. 4. and 1 Viet. An Act to amend certain laws of excise relating The whole Act..
c . 49. to the duties on malt made in the United

Kingdom.

5 & 6 Viet. c. 30. - An Act to provide regulations for preparing and The whole Act.

using roasted malt in colouring beer.

10 & 11 Viet. c. 5. - An Act to allow the use of sugar in the brewing The whole Act.
of beer.

17 & 18 Viet. c. 27. - An Act for granting certain additional rates and The whole Act.
duties of excise.

Digitized by t^ooQle

1880.

Inland Revenue Act, 1880.

Ch. 20.

189

Session and Chapter.

17 & 18 Viet. c. 30. -

18 & 19 Viet. c. 94. -

19 & 20 Viet. c. 34. -

22 & 23 Viet. c. 18. -

23 & 24 Viet. c. 113.

23 & 24 Viet. c. 114.-

24&25 Viet. c. 91. -

25 & 26 Viet. c. 22. -

26 & 27 Viet. c. 3. -

27 & 28 Viet. c. 9. -

27 & 28 Viet, c. 56. -

28 & 29 Viet. c. 66. -

Title or Abbreviated Title of Act.

Extent of Repeal.

An Act for granting certain duties of excise on
sugar made in the United Kingdom.

An Act to impose increased rates of duty of
excise on spirits distilled in the United King¬
dom, to allow malt, sugar, and molasses to be
used duty free in the distilling of spirits, &c.

An Act to grant allowances of excise duty on
malt in stock, to alter and regulate certain
drawbacks and allowances in respect of malt
duty, &c.

An Act for granting to Her Majesty additional
rates of income tax, and to reduce the period
of credit allowed for payment of the excise
duty on malt.

An Act to grant duties of excise on chicory and
on licences to dealers in sweets or made wines;
also to reduce the excise duty on hops and the
period of credit allowed for payment of the
duty on malt, &c.

An Act to reduce into one Act and to amend the
excise regulations relating to the distilling,
rectifying, and dealing in spirits.

An Act to amend the laws relating to the Inland
Revenue.

An Act to continue certain duties of Customs
and Inland Revenue for the service of Her
Majesty, and to grant, alter, and repeal certain
other duties.

An Act to extend the credit for payment of a
portion of the excise duty on malt.

An Act to allow the making of malt duty free to
be used in feeding animals.

An Act for granting to Her Majesty certain stamp
duties, and to amend the laws relating to the
Inland Revenue.

An Act to allow the charging of the excise duty
on malt according to the weight of the grain

The whole Act.
The whole Act.

The whole Act.

Section seven.

Section two, sections
twenty-two to thirty
two inclusive, and
section thirty-three
so far as it relates
to malt.

Sections fifty-two,
sixty-one, and sixty-
two, and section
sixty-three so far as
it relates to malt.

Section seven.

Sections three to
eleven inclusive,and
Schedule B.

The whole Act.

Sections eight, ten,
and eleven.

The whole Act.

used.

29 & 30 Viet. c. 64.

30 & 31 Viet. c. 90.
33 & 34 Viet. c. 32.

37 & 38 Viet. c. 16.

38 & 39 Viet. c. 23.

An Act to amend the laws relating to the Inland
Revenue.

An Act to alter certain duties, and to amend the
laws relating to the Inland Revenue.

An Act to grant certain duties of Customs and
Inland Revenue, and to repeal and alter other
duties of Customs and Inland Revenue.

An Act to grant certain duties of Customs and
Inland Revenue, to repeal and alter other
duties, and to amend the laws relating to
Customs and Inland Revenue.

An Act to grant certain duties of Customs and
Inland Revenue, to alter other duties, and to
amend the laws relating to Customs and Inland

Revenue.

Sections one to six
inclusive.

Sections fifteen and
sixteen.

Sections six, eight,
and nine.

Sections thirteen to
eighteen inclusive.

Section seven.

THIRD SCHEDULE.

6th Geo. 4. cap. 42. I 7th Geo. 4. cap. 67.

7th_Geo. 4. cap. 46. | The Companies Acts, 1862 to 1880.

Digitized by Google

140

Cn. 21. Exchequer Bills and Bonds Act , 18S0 ( Sess . 2). 43 Sc 44 Vicr.

Treasury
may raise
1,500,060/. by
Exchequer
Bonds,
Exchequer
Bills, or
Treasury Bills.
29 & 30 Viet,
c. 25.

40 & 41 Viet,
c. 2.

Payment of
interest and
repayment of
principal.

Money raised
to be paid into
Exchequer.
Extension of
sect. 15 of
29 & 30 Viet,
e. 25. as to
forgery, &c. to
bonds.

Short title.

CHAPTER 21.

An Act to raise the sum of One million five hundred
thousand pounds by Exchequer Bonds, Exchequer Bills,
or Treasury Bills, for the service of the year ending on
the thirty-first day of March one thousand eight hun¬
dred and eighty-one. [12th August 1889.]

Most Gracious Sovereign,

W E, Your Majesty’s most dutiful and loyal subjects, the
Commons of the United Kingdom of Great Britain and
Ireland, in Parliament assembled, towards raising the supply which
we have cheerfully granted to Your Majesty in this session of
Parliament, have resolved to grant unto Your Majesty the sum
herein-after mentioned; and do therefore most humbly beseech
Your Majesty that it may be enacted ; and be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the
same, as follows :

1. Towards raising the supply granted to Her Majesty for
the service of the year ending on the thirty-first day of March one
thousand eight hundred and eighty-one, it shall be lawful for the
Commissioners of Her Majesty’s Treasury, at any time or times not
later than the said thirty-first day of March, to raise any sum or
sums, not exceeding in the whole one million five hundred
thousand pounds, by the issue of Exchequer Bonds, Exchequer Bilk,
or Treasury Bills, in manner provided by the Exchequer Bills and
Bonds Act, 1866, and the Treasury Bills Act, 1877, so, however,
that no Exchequer Bond shall be made out for any sum less than
one hundred pounds.

Every Exchequer Bond issued in pursuance of this Act shall
provide for the paying off of such bond at par at any period not
exceeding twelve months from the date of such bond.

2. The interest on all Exchequer Bonds issued in pursuance of
this Act shall be charged upon and issued out of the Consolidated
Fund of the United Kingdom, or out of the growing produce
thereof.

The principal money secured by every Exchequer Bond issued in
pursuance of this Act shall be repaid out of moneys provided by
Parliament for the purpose.

3. All money raised in pursuance of this Act shall be paid into
the Exchequer.

4. Section fifteen of the Exchequer Bills and Bonds Act, 1866,
(which section relates to the forgery of Exchequer Bills,) shall apply
to all’ Exchequer Bonds issued in pursuance of this Act in like
manner as if it were herein enacted with the substitution of Ex¬
chequer Bond for Exchequer Bill.

5. This Act may be cited as the Exchequer Bills and Bonds Act,
1880 (Session 2).

Digitized by LjOOQle

1880. Merchant Shipping {Fees and Expenses) Act, 1880. Ch. 22.

141

CHAPTER 22.

An Act to amend the Merchant Shipping Act, 1854, so far
as regards certain Fees and Expenses and Sums receiv¬
able and payable by the Board of Trade.

[12th August 1880.]

T> E it enacted by the Queen’s most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :

L This Act may be cited as the Merchant Shipping (Fees and
Expenses) Act, 1880.

This Act shall be construed as one with the Merchant Shipping
Act, 1854, and the Acts amending the same, and together with
those Acts may be cited as the Merchant Shipping Acts, 1854 to
188 °.

2. Whereas under section four hundred and seventy-five of the
Merchant Shipping Act, 1854, a receiver of wreck appointed under
that Act is required to pay into the Exchequer the net proceeds of
the sale of unclaimed wreck :

And whereas in pursuance of section four hundred and fifty-
seven of the Merchant Shipping Act, 1854, the fees received by
such receiver of wreck are carried to the Mercantile Marine Fund,
and applied in defraying any expenses duly incurred in carrying
into effect the purposes ot the eighth part of that Act, in such manner
as the Board of Trade direct:

And whereas the fees have been insufficient to defray such ex¬
penses, and the deficiency has been paid out of the said proceeds of
unclaimed wreck, and the balance alone of such proceeds has been
paid into the Exchequer, and it is expedient to sanction the payment
of the said deficiency ; be it therefore enacted as follows:

Any deficiency so paid as aforesaid, before the thirty-first day of
March one thousand eight hundred and eighty, out of the proceeds
of unclaimed wreck, shall be deemed to have been pioperly paid.

3. Whereas by section forty-three of the Seamen’s Fund Wind¬
ing-up Act, 1851, it is provided that a seaman who ceases alto¬
gether for a continuous period of three years to pay his contribution
to the fund shall forfeit all claim to any relief for himself, his
widow, and children; and it is expedient to amend the said en¬
actment ; be it thereforfe enacted as follows:

The Board of Trade may remit the said forfeiture in the case of
any seaman if he satisfies them that during the said continuous
period of three years he bad not served at sea for any time or for
such time as to render it just for him to pay his contribution,
and that such non-service at sea did not arise from his having left
the sea service when still of age and strength to continue in it and
with the intention of not returning to the same.

Section forty-three of the Seamen’s Fund Winding-up Act, 1851,
as amended by this section, shall apply to masters as if they were
mentioned therein in addition to seamen.

4 . Whereas by section seven of the Merchant Shipping Act
Amendment Act, 18G2, it is provided that the fees payable by appli-

Short title and
construction of
Act.

17 & 18 Viet,
c. 104.

Application of
proceeds of
unclaimed
wreck towards
payment of ex¬
penses con¬
nected with
wreck.

17 & 18 Viet,
c. 104.

Explanation of
14 & 15 Viet,
c. 102. s. 43.

14 & 15 Viet.
C. 102.

Provision as to
fees on exami-

Digitized by t^ooQle

142

nation of
engineers.

25 & 26 Viet,
c. 63. s. 7.

39 & 40 Viet
c. 80.

25 & 26 Viet,
c. 63.

Provision as to
expenses
incurred in
removing
wrecks.

40 & 41 Viet,
c. 16.

Costs of adver¬
tising notices
of foreign sea
marks.

17 & 18 Viet,
c. 104.

Application of
Act to past
payments.

39 & 40 Viet,
c. 79.

33 & 34 Viet
c. 75.

39 & 40 Viet,
c. 79.

Short title and
construction.
39 & 40 Viet,
c. 79.

Gb. 22,2%.Merchant Shipping (Fees Jk Expenses) Act, 1880.43 & 44Vict.

cants for examination for certificates of competency as engineers
shall be carried to the account of the Mercantile Marine Fund, and
at the time of the passing of that Act the salaries of the surveyors,
by whom the examinations are conducted, were paid out of the
Mercantile Marine Fund:

And whereas under section thirty-nine of the Merchant Shipping
Act, 1876, the salaries of the said surveyors are paid out of
moneys provided by Parliament; and it is expedient that the fees
should be paid into the Exchequer; be it therefore enacted as
follows:

The fees paid in pursuance of section seven of the Merchant
Shipping Act Amendment Act, 1862, shall cease to be carried to
the account of the Mercantile Marine Fund and shall be paid into
the Exchequer.

5. All expenses incurred by general lighthouse authorities in pur¬
suance of the Removal of Wrecks Act, 1877, shall be subject to the
provisions contained in sections four hundred and twenty-two, four
hundred and twenty-three, and four hundred and twenty-seven of
the Merchant Shipping Act, 1854.

6 . Such reasonable costs as the Board of Trade from time to
time allow of advertising or otherwise making known the estab¬
lishment of or alterations in foreign lighthouse^, buoys, and
beacons to owners and masters of and other persons interested in
British ships shall be paid out of the Mercantile Marine Fund.

7. Any payment made or forfeiture remitted or thing done
before the passing of this Act which, if this Act had passed, would
be legal, shall be deemed to have been legally made, retnitted, or
done.

CHAPTER 23.

An Act to make further provision as to Byelaws respecting
the attendance of Children at School under the Ele¬
mentary Education Acts. [26th August 1880.]

W HEREAS a school attendance committee within the meaning
of the Elementary Education Act, 1876, are authorised to
make byelaws respecting the attendance of children at school under
section seventy-four of the Elementary Education Act, 1870, as if
such school attendance committee were a school board, but a school
attendance committee for a union cannot make byelaws respecting
any parish in their union, except on the requisition of the parish ;
and it is expedient to make further provision for the making of
byelaws respecting the attendance of children at school:

And whereas it is expedient otherwise to amend the Elementary
Education Act, 1876, in respect of byelaws:

1. This Act may be cited as the Elementary Education Act, 1880,
.and shall be construed as one with the Elementary Education Act,
1876, and that Act and this Act may be cited together as the
Elementary Education Acts, 1876 and 1880.

Digitized by LjOOQle

1880.

143

Elemental Education Act, 1880. Ch. 23.

2 . It shall be the duty of the local authority (within the meaning Obligation to

of the Elementary Education Act, 1876,) of every school district in make tyelawg .
which byelaws respecting the attendance of children at school under “t^dance of
section seventy-four of the Elementary Education Act, 1870, are children at
not at the passing of this Act in force, forthwith to make byelaws 8cho ° 1 *
under that section for such district. q 9 79 . 4 ° Vlct *

If at any time after the thirty-first day of December one thousand 33 &*34 Viet,
eight hundred and eighty it appears to the Education Department Cm 75 -
that in any school district there are no byelaws under that section
in force, the Education Department may either proceed under section
twenty-seven of the Elementary Education Act, 1876, (which relates 39 & 40 Viet,
to a local authority who fail to fulfil their duty under that Act,) or c * 79 ‘
may make byelaws respecting the attendance of children at school
in that district, and the byelaws so made shall have effect and be
enforced and be subject to revocation and alteration as if they had
been made by the local authority for that district and sanctioned by
the Education Department in pursuance of section seventy-four of
the Elementary Education Act, 1870: Provided that where in a 33 & 34 Viet
school district in which byelaws are not in force a byelaw is made in c * 75 ‘
pursuance of this section, that byelaw shall not prevent a child who,
at the date of the byelaw taking effect, is employed in accordance
with the Elementary Education Act, 1876, from continuing to be so 39 & 40 Vict.
employed. c * 79,

3 . The school attendance committee for a union comprising a Power of school
parish may, in pursuance of section twenty-one of the Elementary committee to
Education Act, 1876, without the requisition of the parish, make make byelaws,
byelaws under section seventy-four of the Elementary Education fg JgJyjJ* £‘ 75 *
Act, 1870, respecting the attendance of children at school.

4 . Every person who takes into his employment a child of the Enforcing of
age of ten and under the age of thirteen years, resident in a school b y elaw8 *
district, before that child has obtained a certificate of having reached

the standard of education fixed by a byelaw in force in the district

for the total or partial exemption of children of the like age from

the obligation to attend school, shall be deemed to take sudi child

into his employment in contravention of the Elementary Education 39 & 40 Vict.

Act, 1876, and shall be liable to a penalty accordingly. c - 79 -

Proceedings may, in the discretion of the local authority or person
instituting the same, be taken for punishing the contravention of a
byelaw, notwithstanding that the act or neglect or default alleged
as such contravention constitutes habitual neglect to provide efficient
elementary education for a child within the meaning of section
eleven of the Elementary Education Act, 1876: Provided that 39 „ & 40 Vict.
nothing in this section shall prevent an employer from employing c * ' 9 *
any child who is employed by him or by any other person at the
time of the passing of this Act, and who attends school in ac¬
cordance with the provisions of the Factory and Workshop Act. 41 & 4 * Vict.

ms. '- 16 -

5. Notwithstanding anything contained in section forty of the
Elementary Education Act, 1876, a child shall not, as a condition c. 79 . s. 40 . as
of the continuance of relief out of the workhouse being continued to education
to him or his parent, be required to attend school further or other- of refieTto^ 11011
wise than he is required to attend by a byelaw in force under section parents of
seventy-four of the Elementary Education Act, 1870, as amended

c. 75.

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144

39 & 40 Viet,
c. 79.

Repeal.

39 & 40 Viet,
c. 79.

Short title.

Commence¬

ment.

Cff, 23, 24. Elementary Education Act , 1880. 43 & 44 Tier.

by the Elementary Education Act, 1876, and this Act, in the school
district in which he is resident: Provided that this section shall not
apply where there is no such byelaw in force in the school district.

6 . The Elementary Education Act, 1876, shall be repealed to the
extent and from the times in the third column of the schedule to
this Act mentioned, without prejudice to anything previously done
or suffered, or any order previously made, or any right or title or
liability acquired, accrued, or incurred in pursuance of any enact¬
ment hereby repealed ; and any such thing, order, right, and title
and liability may be enforced, and any proceeding then pending for
such enforcement may be carried on, as if such enactment had not
been repealed.

SCHEDULE.

Enactments repealed.

Session and Chapter.

Short Title.

Extent of Repeal.

39 & 40 Viet. c. 79.

The Elementary
Education Act,
1676.

In section twenty-one, the words “ mty
if they think fit ” and the words “ on
the requisition of the parish, but not
otherwise,” as from the passing of this
Act.

Section twenty-two, as from the passing
of this Act.

Sections fifty-one and fifty-two, as from
the passing of this Act.

First Schedule, as from the first of
January one thousand eight hundred
and eighty-one, from “ During the
four years next after ” down to
“higher standard required for that
year,” both inclusive (beingparagraph
(3)), and from “ Providea that in
each of tlie four years next after”
down to the end of the table, both
inclusive (being paragraph 6).

CHAPTER 24.

An Act to consolidate and amend the Law relating to the
Manufacture and Sale of Spirits. [26th August 1880.]

Preliminary .

L This Act may be cited as the Spirits Act, 1880.

2 . This Act shall come into operation on the first day of Januaiy
one thousand eight hundred and eighty-one, which date is in this
Act referred to as the commencement of this Act.

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1880. Spirits Act , 1880. Ch. 24. 145

3. In this Act each of the following terms shall have the meaning Definitions,
assigned to it by this section, unless it is otherwise expressly pro¬
vided, or there is something in the subject or context inconsistent
with such meaning,—

“ Spirits ” means spirits of any description, and includes all liquors
mixed with spirits, and all mixtures, compounds, or pre¬
parations made with spirits :

“ Low wines ” means spirits of the first extraction conveyed into
a low wines receiver:

“ Feints ” means spirits conveyed into a feints receiver:

u British spirits ” means spirits liable to a duty of Excise :

“ Plain spirits ” means any British spirits, (except low wines and
feints,) which have not had any flavour communicated there¬
to or ingredient or material mixed therewith:

“ Spirits of wine ” means rectified spirits of the strength of not
less than forty-three degrees above proof :

“ British compounds ” means spirits redistilled or which have had
any flavour communicated thereto, or ingredient or material
mixed therewith :

“ Foreign spirits ” means all spirits and strong waters liable to a
duty of Customs:

“ Sugar ” includes any saccharine substance or syrup manufac¬
tured from any material from which sugar can be manufac¬
tured :

4< Commissioners” means the Commissioners of Inland Revenue :

“ Methylate ” means to mix spirits with some substance in such
manner as to render the mixture unfit for use as a beverage,
and “ methylated spirits ” means spirits so mixed to the satis¬
faction of the Commissioners:

“Proof” means the strength of proof as ascertained by Sykes's
hydrometer :

“ Still” includes any part of a still, and any distilling apparatus
whatever for distilling or making spirits :

“ Distiller,” u rectifier,” “ dealer,” and “ retailer 99 mean respectively
a person who distils, rectifies, or compounds, deals in, or
retails spirits:

“ Excise trader ” means any person carrying on a business subject
to any of the regulations of this Act, and includes a maltster
who makes malt duty free for distillation and any proprietor
or occupier of an excise warehouse :

“ Licence ” means a licence granted by the Commissioners or by
an officer duly authorised by them; and “ licensed,” as
applied to an Excise trader, means a person holding a licence
so granted for the purpose of his business:

“ Premises,” when used with reference to an Excise trader, means
any building or place used by him in the course of his
business, and of which entry is required to be made :

4t Prescribed ” and “ approved ” mean respectively prescribed or
approved by the Commissioners :

“ Warehouse ” means any warehouse approved or provided for the
deposit of spirits:

“ Distiller’s warehouse ” means an approved warehouse on the
premises of a distiller :

[the law HE PORTS.] K

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146

Division into
Parts.

Prohibition of
distilling, &c.
without licence.

Liabilities of
person having
wash and a
still.

As to capacity,
&c. of still in
England.

Ch. 24. Spirits Act , 1880. 43 & 44 Tier,

“ Excise warehouse ” means a warehouse approved or provided
by the Commissioners as a general warehouse for the deposit
of spirits:

“ Customs warehouse ” means a warehouse approved or provided
by the Commissioners of Customs for the deposit of spirits:

“ Collector ” means the collector of Inland Revenue, and in con¬
nexion with the business of an Excise trader means the col¬
lector for the collection in which the premises of the trader
are situate, and includes a person acting as such collector:

“ Officer " means officer of Inland Revenue:

Proper officer ” means the officer of the division or ride in which
the business of an Excise trader is carried on, or in which
anything is by this Act required to be done by, or any notice
to be given to, such officer, and includes a person acting as
such officer, and also any officer superior in matters of Excise
to such officer:

“ Writing ” includes print, and “ written ” includes printed :

“ Justice ” means a justice of the peace or a magistrate having
jurisdiction for the county or place where any offence is
committed or suspected to have been committed, or any
offender is apprehended or found, or any goods or com¬
modities are seized or liable to seizure or suspected to be so
liable:

u County or place ” includes a city, county of a city, county of a
town, borough, liberty, division, franchise, or other place of
magisterial jurisdiction:

“ Schedule ” means schedule to this Act.

4. This Act is divided into Parts, as follows :—

Part I.—Spirits other than Methylated Spirits.

Part II.—Methylated Spirits.

Part III.—Supplemental

PART I.

Spirits other than Methylated Spirits.

General .

5. (1.) No person may, without being licensed to do so, or on any
premises to which his licence does not extend—

(a.) Have or use a still for distilling, rectifying, or compounding
spirits; or

(6.) Brew or make wort or wash, or distil low wines, feints, or
spirits; or

(c.) Rectify or compound spirits.

(2.) If any person contravenes this section he shall for each
offence incur a fine of five hundred pounds, and all spirits, and
vessels, utensils, and materials for distilling or preparing spirits in
his possession shall be forfeited.

6 . Every person who makes or keeps wash prepared or fit for
distillation, or low wines or feints, and has in his possession or use
a still, shall, as respects the duties, penalties, and forfeitures imposed
by law on distillers, be deemed to be a distiller.

7. (1.) In England if a distiller keeps or uses a still of which
the body, without the head, is of less capacity than three thousand

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147

1880. Spirits Act , 1880. Ch. 24.

gallons he must not keep or use in his distillery at the same time
more than two wash stills and two low wine stills.

(2.) For every still kept or used in contravention of this section
the distiller shall incur a fine of one hundred pounds, and a further
fine of one hundred pounds for every time that any such still is used ;
and every still kept or used in contravention of this section shall be
forfeited.

8 . (1.) A person shall not have a licence to keep a still of less Condition for
capacity than four hundred gallons, unless he has in use a still of ofTess*
that capacity, or produces to the Commissioners a certificate, signed than 400

by three justices for the county or place, that he is a person of gallons,
good character, and fit and proper to be licensed to keep such a
still, and that the premises in which he proposes to erect the still
and of which he is in actual possession, are of the yearly value of ten
pounds at least.

(2.) If the still is intended to be kept by persons in partnership,
a certificate to the above effect with regard to one of the partners
shall be sufficient.

(3.) The Commissioners may, if they think fit, refuse to grant the
licence, notwithstanding the production of the justices certificate;
but, in case of refusal, they shall state the grounds thereof, in
writing signed by them, to the justices.

Distiller 7 8 Premises .

9. (1.) A person shall not be entitled to a licence for, or be per- Distillery to be

mitted to make entry of, a distillery, unless it is situate in or within ▼Jthm quarter
a quarter of a mile of a market town. market town,

(2.) The Commissioners may, if they think fit, grant a licence for, except on terms
and permit entry to be made of, a distillery situate beyond these
limits, on the terms of the distiller providing to their satisfaction
lodgings for the officers to be placed in charge of the distillery.

(3.) The lodgings must be conveniently situate and must not
form part of the distillery or of the distiller’s dwelling-house, and
the rent charged for them, unfurnished, must not exceed fifteen
pounds a year.

(4.) If a distiller to whom a licence is granted on these terms
fails to provide the lodgings, or to keep them in repair, or inter¬
rupts or annoys any officer residing therein in his use or enjoyment
thereof, the Commissioners may suspend or revoke his licence.

10 . (1.) No person may make entry of or use for brewing or Distillery not
making wort, or wash, or for distilling spirits, or for receiving or i^rteTofa!
keeping spirits as a distiller, any premises within a quarter of a mile of recti-
mile of any premises entered or used for rectifying or compounding fier’s premises,
spirits, or for receiving or keeping spirits by a rectifier.

(2.) If any person contravenes this section he shall incur a fine
of five hundred pounds for every week during which the premises
are so entered or used.

1L (1.) A distiller may not carry on upon his premises the Premises of
business of a brewer of beer, or a maker of sweets, vinegar, cider, ^connected 0
or perry, of a refiner of sugar, or of a dealer in or retailer of wine, with premises

(2.) No person may carry on the business of a distiller upon brewer, &c.
premises communicating otherwise than by an open public street
or carriage road with any premises used by a brewer of beer, or

K 2

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148

Power to refuse
licence to
brewer, &c.

Provision and
securing of
spirit store.

Scheduled rules
with respect to
vessels, &c. in
distillery.

Ch. 24. Spirits Act , 1880. 43 k 44 Vicr.

a maker of sweets, vinegar, cider, or perry, or a refiner of sugar,
or a dealer in or retailer of spirits or a dealer in or retailer of wine.

(3.) If any person contravenes any of the foregoing provisions
of this section he shall incur a fine of two hundred pounds.

(4.) The Commissioners may refuse to grant a licence for distilling
spirits in any premises in which, from their situation with respect
to premises used for rectifying or compounding spirits, or to a
brewery or vinegar manufactory, they think it inexpedient to allow
the distilling of spirits.

12 . The Commissioners may refuse to grant a licence to brew
beer, or to make vinegar, on any premises in which, from their
situation with respect to a distillery, they think it inexpedient to
allow the brewing of beer or making of vinegar to be carried on.

Distiller's Spirit Store and Utensils.

13 . (1.) Every distiller must, to the satisfaction of the Commis¬
sioners, provide a spirit store and cause it to be properly secured.

(2.) The spirit store must be kept locked by the officer in charge
of the distillery at all times except when he is in attendance.

(3.) If a distiller fails to provide or secure a spirit store as by
this section required, the Commissioners may, until it is so provided
and secured, refuse to grant him a licence, or suspend or revoke
his licence.

14 . (1.) Every distiller must observe the rules contained in the
First Schedule.

(2.) For any contravention of the rules in the First Schedule
penalties shall be incurred as follows:

(a.) If there is found in a distillery any vessel in excess of the
number permitted by the rules in the second part of the
First Schedule, the vessel, with its contents, shall be
forfeited, and the distiller shall incur a fine of two hundred
pounds.

(6.) For any contravention of the rules contained in the third
part of the First Schedule the distiller shall incur a fine of
two hundred pounds, and an additional fine of twenty
pounds for every day during which the contravention
continues.

(c.) For any contravention of the rules contained in the fourth,
seventh, or eighth pari of the First Schedule the distiller
shall incur a fine of two hundred pounds.

(d.) For any contravention of the rules contained in the fifth,
sixth, or tenth part of the First Schedule, the distiller shall
incur a fine of fifty pounds.

(e.) Every cask not marked as required by the rules contained
in the ninth part of the First Schedule shall, with its
contents, be forfeited.

(/.) For any contravention of the rules contained in the eleventh
part of the First Schedule, the wash, low wines, feints,
or spirits in respect of which the rules are contravened
shall be forfeited, and the distiller shall incur a fine of
two hundred pounds, or, at the election of the Commis¬
sioners, of twenty shillings for every gallon of such wash,
low wines, feints, or spirits.

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1880. Spirits Act , 1880. Ch. 24. 149

15 . (1.) A distiller may, on giving to the proper officer two Alterations of
days previous notice in writing of his intention, specifying the vess ^* ^
vessel, utensil, or pipe intended to be altered, moved, or added, 8 ’ an
alter or move any entered vessel, utensil, or pipe, or add a new

vessel, utensil, or pipe.

(2.) Every such new vessel, utensil, or pipe must be duly entered.

(3.) If a distiller, without giving such notice, alters, moves, or
adds to the vessels, utensils, or pipes on his premises after entry
has been made thereof, or the capacity thereof has been ascertained
by the proper officer, he shall for each offence incur a fine of two
hundred pounds.

16 . The Commissioners may permit any distiller to fix and use, Power of
subject to such regulations as they prescribe, any vessel, utensil, or ^albw^se^f
fitting, in addition to or instead of any of those required by this additional or
Act, and may from time to time withdraw any such permission, substituted
This Act shall apply to any such additional or substituted vessel, vesse 8> c '
utensil, or fitting as if its use were permitted or required by this

Act.

17 . If on the premises of any distiller any attempt is made or Penalty for
device used to prevent or hinder an officer from ascertaining the ^thor 6 ™ 6
gravity, quantity, or strength of the wort, wash, low wines, feints, attempt to

or spirits in any vessel, or whilst running, or to deceive him in defeat gauging,
taking the dip or gauge of any vessel or utensil, the distiller shall
for each offence incur a fine of two hundred pounds.

18 . If a distiller— Penalty for

(a.) Places, affixes, or makes any cock, plug, pipe, or opening in, offeimesfa

on, to, into, or from any vessel or utensil in contravention relation to
of this Act; or fittings.

(6.) Causes or procures any cover, fastening, cock, plug, pump, or
pipe to be so made or used that any vessel or utensil
may be employed, opened, removed, filled, or emptied in
the absence of an officer, or as in any manner to avoid or
defeat the security intended to be provided by this Act,
he shall for each offence incur a fine of five hundred pounds.

Distiller's Entry .

19. (1.) Every distiller must, before he begins to brew any wort, Time and mode
make entry of the vessels, utensils, fittings, and places intended to
be used by him, by signing and sending or delivering to the proper
officer an account in the prescribed form, setting forth with the
prescribed particulars—

(a.) His name and abode, and the situation of the premises
intended to be entered ; and

(b.) A true and particular description of every vessel and utensil
intended to be used on those premises for the purpose
of his business; and
(c.) Either—

(i.) The number of gallons which every still, with its
bead, is capable of containing ; or

(ii.) The number of gallons of wash per hour which
every still is capable of distilling ; and
( d .) The purpose for which each such vessej and utensil is intended
to be used ; and

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150

43 & 44 Vict.

Continuance of
entry.

Materials for
brewing and
distillation.

Distiller to use
only wort
made in his
distillery.

Use of sugar.

Ch. 24. Spirits Act , 1880.

(< e .) Every house, room, and place in which any part of his business
is to be carried on, or any spirits are to be kept; and

(/) The purpose for which each such house, room, or place is to
be used.

(2.) In the account every vessel, utensil, house, room, and place
must be distinguished by the name and number painted thereon.

(3.) No vessel, utensil, house, room, or place must be described
in the account as intended to be used for more than one purpose.

(4.) There must be delivered with the account a drawing, model,
or description distinctly showing the course, construction, and use
of all fixed pipes to be used, and of every branch thereof and cock
thereon, and every place, vessel, or utensil with which any such
pipe communicates.

(5.) If a distiller makes entry of any vessel, utensil, house, room,
or place as intended to be used for more than one purpose, he shall
for each offence incur a fine of two hundred pounds.

(6.) If any vessel, utensil, fitting, house, room, or place used by
a distiller, for any purpose connected with his business,—

(a.) is not specified in the account required to be delivered on
making entry; or

(6.) is not numbered as so specified ; or

( c .) is in any other place, or used or applied for any other purpose,
than as so specified ; or

( d .) does not in all respects correspond with the representation
thereof as so specified ;

the distiller shall, for each offence, incur a fine of five hundred
pounds, and every such vessel or utensil, with its contents, and all
spirits or materials for distilling spirits found in any such place,
shall be forfeited.

20. An entry must not be withdrawn whilst there remains in
any place mentioned therein, any still, or in anj r place, vessel, or
utensil mentioned therein, any materials preparing or fit for dis¬
tillation, or any spirits liable to duty.

Materials for Distillation .

21. A distiller may use in the brewing or making of wort or wash
any material of such nature that the gravity of the wort or wash
produced therefrom can be ascertained by the prescribed saccharo-
meter.

22. (1.) A distiller must not distil spirits except from wort or
wash brewed or made in his distillery.

(2.) If a distiller has in his possession any wort, wash, low wines,
feints, or fermented liquor not brewed, made, or distilled in his
distillery, he shall forfeit the same, and also incur a fine of two
hundred pounds.

23. (1.) A distiller must not, without the consent of the Com¬
missioners, remove any sugar from the place entered as a sugar store,
except for use in the manufacture of spirits.

(2.) Not less than four horn’s before removing any sugar for this
purpose, he must give the officer in charge of the distillery written
notice, specifying the time of the intended removal, and the quantity
to be removed.

(3.) At the time so specified, the distiller must convey the specified
sugar immediately from the sugar store to the mash tun or other

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Ch. 24.

151

1880. Spirits Act , 1880.

entered vessel, to be there immediately used in the manufacture of
spirits.

(4.) He must forthwith deposit again in the sugar store all sugar
so removed and not so used.

(5.) If a distiller contravenes this section he shall for each offence
incur a fine of fifty pounds.

Brewing and Distilling .

24 . A distiller must not mash any materials, or brew, or make J rnJa '^

wort or wash, or use a still, between eleven o’clock in the afternoon brewingand
of Saturday and one o’clock in the forenoon of Monday. distilling.

If a distiller contravenes this section he shall incur a fine of fifty
pounds.

25 . ( 1 .) The period of brewing or making wort or wash (in this Brewing and
Act called the brewing period), and the period of distilling spirits (in

this Act called the distilling period), must, in every distillery, be
alternate and distinct.

(2.) The brewiug period extends from the commencement of any
process of wetting, brewing, or mashing any materials until all the
wort or wash in the distillery has been collected in the fermenting
backs and wash chargers, and the declaration required by this Act
of such collection has been given.

(3.) The distilling period extends from the commencement of the
distillation of any wash until all the wash, low wines, and feints in
the distillery, or in the possession of the distiller, (except the feints
produced by the last re-distillation,) have been distilled into spirits
and conveyed into the spirits receiver, and each furnace door, or the
steam pipe of each still, has been secured by the officer in charge
of the distillery.

(4.) Except as by this Act provided, a distiller must not use
any still before the expiration of two hours after the end of the
brewing period.

(5.) Except as by this Act provided, a distiller must not mash any
materials or brew or make any wort or wash during the distilling
period.

(6.) A distiller may, immediately after all the wash in his pos¬
session has been removed into a wash charger, begin to brew wort,
but only on condition that all the wash so removed be forthwith
distilled, and that every still be worked off and secured within the
following times; (that is to say,) in the case of a low wines still,
within thirty-two hours from the time when the wash was removed
into the wash charger, and in the case of any other still within
sixteen hours from that time.

(7.) If a distiller contravenes this section he shall for each
offence incur a fine of five hundred pounds.

26 . (I.) Every distiller must, at least six days before beginning Notice in the

to brew wort, or, if he has discontinued brewing wort for more !j^u fa
than one month, before recommencing to brew wort, give the proper menc^or*"
officer a written notice, specifying the day on which he intends so re-commencing
to brew or recommence brewing. business.

(2.) If a distiller contravenes this section, or if any wort or wash
is found in the distillery or possession of a distiller before the notice
required by this section is given, or before the day specified in the

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Ch. 24.

Notice in the
ordinary course
of business to
be given
before each
brewing.

Declaration as
to wort.

Penalty for
excess of wort
or wash beyond
that specified
in declaration.

Penalty for
excess of wort
or wash on
comparison of
accounts.

Yeast not to be
added except
in backs.

Spirits Act, 1880. 43 & 44 Vicr.

notice given by him, or if there is found in his possession any wort
or wash which he may not lawfully have in his possession, he shall
for each offence incur a fine of two hundred pounds, and forfeit all
wort or wash so found.

27 . A distiller must, at least four hours before he mashes any
materials or brews for making wort, give the officer in charge of
the distillery written notice specifying the day and hour when the
mashing or brewing is to be commenced.

If a distiller mashes or brews without giving such notice, he
shall incur a fine of fifty pounds.

28 . (1.) All wort must be collected into the fermenting back
within eight hours after it has begun to run into the back.

(2.) Immediately after the wort is so collected the distiller
must deliver to the officer in charge of the distillery a written
declaration specifying—

(a.) The number of the back in which the wort is contained;
and

(6.) The gravity or (if yeast has been added) the original gravity
of the wort; and

(c.) The quantity thereof as measured by the number of diy
inches, that is to say, by the number of inches between
the dipping place of the back and the surface of the wort
contained therein.

(3.) If a distiller makes default in complying with the provisions
of this section, or if the declaration delivered by him contains any
untrue statement, he shall for each offence incur a fine of two
hundred pounds.

29 . If after the declaration has been delivered the gravity of
the wort shall be found to exceed the gravity therein specified or
the quantity of the wort or wash shall be found to exceed by five
per centum the quantity of wort therein specified, the distiller
shall incur a fine of two hundred pounds.

30 . If after an officer has taken an account of the gravity or
quantity of the wort or wash in a fermenting back any wort or
wash is found in the back which exceeds in gravity, or exceeds by
five per centum in quantity, the wort or wash of which the account
has been taken, the following consequences shall ensue:

(a.) All wort or wash found in the back shall be considered as
new, and as not included in any former charge against the
distiller; and

(6.) The distiller shall be charged with duty in respect of the
whole thereof as not being before charged; and

(c.) The wort or wash of which account had previously been
taken shall be deemed to be distilled or decreased, and
the distiller shall be charged for a quantity of spirits in
respect thereof as for wort or wash actually distilled or
decreased; and

(d.) The distiller shall incur a fine of two hundred pounds.

31 . A distiller must not add yeast or other matter capable of
causing fermentation to wort or wash in any vessel except a fer¬
menting back.

If a distiller contravenes this section he shall incur a fine of two
hundred pounds.

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1880.

Spirits Act , 1880. Ch. 24. 153

32* (1.) A distiller may, subject as in this section mentioned, As to use of
either remove yeast from the wort or wash in a fermenting back,
or leave the yeast and sediment in a back, and remove the wort
or wash to an empty back.

(2.) The quantity of yeast removed from or the quantity of
yeast and sediment left in any one back must not exceed eight per
centum of the wort or wash in the back.

(3.) If yeast is removed from and yeast and sediment left in the
same back, the total quantity of yeast removed and yeast and
sediment left must not exceed the same proportion.

(4.) Four hours before removing any wort or wash the distiller
must give the officer in charge of the distillery written notice
specifying the backs from which and to which the wort or wash is
to be removed.

(5.) No wort or wash may be removed from a back until an
account thereof has been taken by the officer.

(6.) In calculating duty no abatement shall be made on account
of any yeast removed from or yeast and sediment left in any back.

(7.) A distiller may manufacture in his distillery into a solid
substance any yeast removed from, or any yeast and sediment left
in a back under this section, and may send out of his distillery or
add to the wort or wash in any back therein, any such yeast or
sediment, whether so manufactured or not.

33. (1.) A distiller must, at least four hours before beginning As to making
to make bub or any other composition for promoting the fermenta- bub or t ? ther
tion of wort or wash, give the officer in charge of the distillery composition,
written notice, specifying the time when and the vessel in which the
composition is to be made, the fermenting back into which it is

to be put, and the quantity to be put into such back.

(2.) The quantity of the composition must not exceed five per
centum of the wort or wash to which it is added.

(3.) The gravity of the composition must not exceed sixty
degrees, and must not be increased after the officer has taken an
account thereof.

(4.) The whole of the composition must be conveyed into the
back specified in the notice within twenty-four hours after the
time therein specified for making the composition.

(5.) If a distiller contravenes any provision of this section he
shall, for each offence, incur a fine of two hundred pounds.

34. (I.) When fermentation has ceased in a fermenting back a Refilling backs
distiller may, during the brewing period, on giving the notice re- brewing
quired by this Act before the removal of wash, remove the whole

of the wash from the back to the wash charger, and refill the back
with fresh wort.

(2.) The wash so removed must be secured in the wash charger
until the commencement of the distilling period.

35. (1.) When the whole of the wort or wash made in a dis- Declaration at
tillery during one brewing period is collected into the fermenting brewing
backs or into the fermenting backs and wash charger, the distiller pen

must give the officer in charge of the distillery a written declaration
to that effect.

(2.) If the declaration is untrue in any particular, or any still
in the distillery is used before the expiration of two hours after the

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Oh. 24. Spirits Act , 1880. 43 & 44 Vict.

delivery thereof, the distiller shall incur a fine of two hundred
pounds.

Penalty where 36. If the original gravity of any wort or wash as ascertained
original gravity from any sample of wash taken from a fermenting back or wash
asdedai^ Vlty larger exceeds by more than two degrees the gravity thereof as
declared by the distiller, he shall incur a fine of two hundred
pounds, and a further fine of sixpence for every gallon of wash con¬
tained in the vessel from which the sample was taken.

Mode of ascer- 37. (1.) The gravity of wort or wash shall be ascertained by
taining gravity the prescribed saccharometer, and in calculating the same a degree
of wort or wash. 0 f gravity shall be taken as equal to one thousandth part of the
gravity of distilled water at sixty degrees Fahrenheit.

(2.) To ascertain the original gravity of the wort from which
wash is made, a definite quantity by measure of the wash must be
distilled, and the distillate and spent wash each made up with dis¬
tilled water to the original measure of the wash before distillation.

(3.) The specific gravity of each must then be ascertained.

(4.) The number of degrees and parts of a degree by which the
specific gravity of the distillate is less than the specific gravity of
distilled water shall be deemed the spirit indication of the distillate.

(5.) The specific gravity of the spent wash added to the degree of
original gravity which in Table A. in the Second Schedule is set
opposite the degree of spirit indication shall be deemed the original
gravity of the wort.

(6.) All weighings and measurings for any of the above purposes
must be made when the liquid is at sixty degrees Fahrenheit.

(7.) The distiller or any person acting on his behalf may, if the
distiller so desires, be present at any such process for ascertaining
original gravity.

As to mode of 38. (1.) Four hours before any wash is removed from a ferment¬
distilling. j n g the distiller must give the officer in charge of the dis¬
tillery written notice specifying the number of the back, and the day
and hour of the intended removal.

(2.) At the time so specified the officer shall attend, and after he
has locked the discharge cock of the wash charger, and removed
the fastenings which prevent the passage of the wash from the back
to the charger, but not before, the whole of the wash, or, if the
charger is not capable of containing the whole, then one half at
least, must be removed from the back to the charger.

(3.) When the wash has been so removed and the fastenings
have been secured, the officer may take an account of the quantity
and the gravity of the wash.

(4.) After account has been so taken of the contents of a wash
charger, no wash may be removed from a back into the same charger
before the whole of the contents of that charger have been removed
into the still or intermediate charger.

(5.) The produce of all or any of the backs filled in the same
brewing period may be collected in the receivers for such produce.

(6.) Subject to the provisions of this section as to feints remaining
from a previous distillation, all produce so collected must, through¬
out the whole course of its distillation, and until the removal to the
spirit store of the spirits produced therefrom, be kept unmixed with
any other matter, and separate from all other produce.

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1880.

155

Spirits Act , 1880. Ch. 24.

(7.) Any feints produced by and remaining from a previous dis¬
tillation may be mixed with the low wines or feints produced by
a subsequent distillation, and the process of re-distilling feints may
be repeated as often as the distiller thinks fit.

(8.) Not less than four hours before the removal of any low wines,
feints, or spirits from a receiver, the distiller must give the officer in
charge of the distillery written notice specifying the day and hour
of the intended removal.

(9.) At the time so specified the officer shall attend, and after he
has taken an account of the contents of the receiver, and removed
the fastenings of its pump or discharge cock, but not before, the
whole contents of the receiver must be forthwith removed therefrom,
and conveyed, if low wines or feints, into the proper charger, but
if spirits, into a vat or cask in the spirit store.

(10.) After the fastenings have been so removed, no other low
wines, feints, or spirits may be conveyed into the receiver until the
whole of its contents have been removed therefrom and the fasten¬
ings again secured.

(11.) If a distiller contravenes any of the foregoing provisions of
this section he shall, for each offence, incur a fine of two hundred
pounds.

(12.) Where a distiller has secured his low wines and feints
pumps to the satisfaction of the Commissioners he may run low
wines and feints together into the same receiver and may at any
time without notice remove low wines and feints from a receiver
to a charger and re-distil them.

(13.) Where a still is connected with two spirit receivers the
distiller may collect in each receiver alternately the spirits produced
from any distillation or re-distillation, and when he has run into
either receiver as much spirits as he thinks fit, he shall give notice
to the officer, who shall thereupon lock the charging cock. No
spirits may be removed from any such receiver until the expiration
of two hours from such notice, nor except after the notice of removal
required by this section.

39. At the end of every distilling period the distiller, or the Return at end
principal manager of the distillery, must sign and deliver to the of ^tilling
proper officer a return in the prescribed form specifying, with v** 10 *-
respect to the brewing and distilling period—

(a.) The quantity of each description of material used in making
wort or wash during the period ; and,

( b .) The quantity of wort or wash decreased or distilled during
the period; and,

(c.) The quantity of spirits computed at proof produced during
the period; and,

(d.) The quantity of feints remaining at the end of the period.

If default is made in making the return required by this section,
or if the return is untrue in any particular, the distiller shall incur
a fine of two hundred pounds.

40. (1.) For the purpose of testing the quantity of spirits at Power to test
proof in any wash by distillation, the proper officer may require h ? ^illation,
any charger or receiver in a distillery to be emptied and cleaned,

and any quantity of the wash to be distilled, and the produce to be
conveyed into the charger or receiver. For this purpose all persons

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156

Low wines or
spirits not to be
mixed so as to
increase
gravity.

Power for
officer to take
samples.

As to distiller's
spirit store.

Ch. 24. Spirits Act , 1880. 43 & 44 Vicr.

in the employ of the distiller must, on request and on reasonable
notice, provide the officer with assistance and fuel.

(2.) All low wines, feints, and spirits so distilled and conveyed
into a charger or receiver must be kept therein unmixed with any
other thing until the officer has taken an account of the quantity
and strength thereof.

(3.) If a distiller contravenes any of the foregoing provisions of
this section, he shall incur a fine of two hundred pounds.

(4.) If the quantity of proof spirits produced from the wash
exceeds the proportion of one gallon and a quarter for every hun¬
dred gallons of wash in respect of every five degrees of attenuation,
that is to say, in respect of every five degrees of difference between
the highest gravity of the wort from which the wash was produced
as declared by the distiller or as found by the officer, and the lowest
gravity of the wash as taken by the officer, the distiller shall
incur a fine of two hundred pounds, and, in addition, of sixpence
for every gallon of wash from which the wash so distilled was
taken.

41. (1.) There must not be mixed with or added to any low
wines, feints, or spirits in a distillery any substance which either
increases the gravity thereof, or prevents the true strength thereof
from being ascertained by Sykes’s hydrometer.

(2.) If this section is contravened, the distiller shall, for each
offence, incur a fine of two hundred pounds, and all low wines,
feints, spirits, and mixtures with respect to which the offence is
committed shall be forfeited.

Samples.

42. (1.) An officer may take a sample of any wort, wash, low
wines, feints, or spirits from any vessel or utensil in a distillery,
and the gravity or strength of any sample so taken shall be deemed
the gravity or strength of the whole contents of the vessel or utensil
from which it is taken.

(2.) A distiller may, if he wishes, before any such sample is taken,
stir up and mix together all the liquor contained in the vessel or
utensil from which the sample is to be taken.

Spirits in Store .

43. (1.) No spirits may be brought into a distiller’s spirit store
unless they have been distilled in his distillery, and conveyed
directly from the spirit receiver into the store.

(2.) No spirits which have been removed from the store may be
brought back into the store.

(3.) The officer in charge of the store must, when required, attend
at the store between five o’clock in the forenoon and eight o’clock in
the afternoon on every day, except Sunday.

(4.) All spirits in the store must be filled into casks, in the
presence of the officer, in the prescribed manner.

(5.) Spirits ma 3 r not be removed from the store at any less
strength than twenty per centum below proof, nor at any strength
above twenty-five and under forty-three per centum over proof

(6.) Spirits may not be removed from the store in any quantity
less than nine gallons.

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157

1880.

Spirits Act , 1880.

Ch. 24.

(7.) The casks in which spirits are removed may be either full
or, subject to the prescribed regulations, on ullage.

(8.) All the spirits distilled in one distilling period (except a
quantity not exceeding one hundred and fifty gallons, and in one
ullage cask) must be removed from the store within ten days from
the termination of that period, and before any spirits distilled in a
succeeding period are brought into the store.

(9.) When all the spirits distilled in one distilling period have
been removed from the spirit store, or at the end of ten days from
the termination of that period, whichever first happens, the proper
officer shall strike a balance in the account kept by him for the
distillery.

(10.) If any spirits are brought into or found in or removed firom
a distiller’s spirit store in contravention of this section the distiller
shall, for each offence, incur a fine of two hundred pounds, and
the spirits in respect of which the offence is committed shall be
forfeited.

(11.) If any spirits are found in a distiller’s spirit store after the
time at which they are required by this section to be removed
therefrom, the distiller shall incur a fine of twenty shillings for
every gallon of spirits so found.

(12.) Every distiller must, to the satisfaction of the Commis¬
sioners, provide accommodation at his spirit store for the officer in
charge thereof, and, in default of doing so, shall incur a fine of fifty
pounds.

44. (1.) The proper officer shall from time to time take an
account in the prescribed manner of the quantity of spirits in a
distiller’s spirit store.

(2.) If the quantity of spirits computed at proof found in the deficiency,
store is greater or less than the quantity which, according to the
account so taken, ought to be therein, the distiller shall incur a
fine of twenty shillings for every gallon of spirits so in excess or
deficient, and the spirits (if any) in excess shall be forfeited.

(3.) But a distiller shall not be liable to any penalty under this
section if the excess does not exceed one half per centum, or the
deficiency three per centum on the balance struck when the account
was last taken, together with the quantity since brought in from
the spirit receiver, nor if he satisfies the Commissioners that the
deficiency does not result from fraud.

(4.) Where there is an excess, and the distiller is not prosecuted
in respect thereof, he shall pay duty on the excess.

45. Subject to the prescribed regulations and the prescribed
security, spirits may be removed from a distiller’s spirit store for
exportation or for ship’s stores without payment of duty.

Charging and Payment of Duty .

46. (1.) The duty on spirits made in a distillery is to be charged
in respect of the wort or wash, the low wines, and the feints and
spirits made in the distillery, and shall be payable according to
such of those modes of charge as produces the greatest amount
of duty.

(2.) In respect of every one hundred gallons of wort or wash the
duty is to be charged for a quantity of spirits at the rate of one

Account of
stock and
penalty for
excess or

Spirits may be
removed from
a store for
exportation or
ship’s stores.

Regulations for
charging duty.

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158

Return as to
payment of
duty.

Power to
distrain for
duties in arrear.

Distiller’s

warehouse.

Ch. 24. Spirits Act , 1880. 43 & 44 Yict.

gallon of spirits at proof for every five degrees of attenuation, that
is to say, for every five degrees of difference between the highest
gravity of the wort as declared by the distiller or found by the
officer (whichever is the greater) without any allowance for waste,
bub, dregs, yeast, or other matter, and the lowest gravity of the
wash as found by the officer before distillation.

(3.) In respect of low wines the duty is to be charged on the
quantity of spirits at proof contained therein, less five per centum.

(4.) In respect of feints and spirits the duty is to be charged on
the quantity of spirits at proof after deducting the feints (if any)
remaining from a previous distillation and included in the account
of feints and spirits last produced.

(5.) In calculating the duty payable on spirits an allowance shall
be made for any deficiency occasioned by natural waste, subject to
the following provisions—

(a.) The allowance shall not exceed one and a half per centum
on the spirits removed from the receiver to the store.

( b .) If the deficiency exceeds three per centum on the spirits so
removed no allowance whatever shall be made.

47. (1.) The proper officer shall from time to time make out in the
prescribed manner and for the prescribed period a return of the
quantity of spirits for which a distiller is chargeable, and of the
duty payable thereon, and shall, if required in writing by the dis¬
tiller, deliver to him, or leave at his distillery, a copy of this return,
signed by the officer.

(2.) If a distiller does not, within the prescribed time and in
the prescribed manner, pay the duty with which he is charged in
the return, he shall incur a fine of twenty pounds, and forfeit
double the duty payable by him.

48. (1.) If any duty payable by a distiller remains unpaid after
the time within which it is payable, the collector may, by warrant
signed by him, empower any person to distrain all spirits, malt, or
other materials for distilling spirits, vessels, and utensils belonging
to the distiller or in any premises in the use or possession of the
distiller, or of any person on his behalf or in trust for him, and
also all spirits warehoused in the name of the distiller, and to sell the
same by public auction, giving six days previous notice of the sale.

(2.) The proceeds of sale shall be applied in or towards payment
of the costs and expenses of the distress and sale, and in or towards
payment of the duties due from the distiller, or in respect of any
spirits so warehoused and distrained and sold, and the surplus, if
any, shall be paid to the distiller.

(3.) But in the event of any spirits or malt being so distrained
the distiller may, at any time before the day appointed for the sale
thereof, remove under permit the whole or any part thereof on
paying to the collector, in or towards payment of the duty, the
true value of the spirits or malt.

(4.) Permits for such removal shall on application be granted
as if the distress had not been made.

Warehousing .

49 . (1.) A distiller may provide a warehouse on his premises
for warehousing spirits distilled on the same premises without pay¬
ment of duty.

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1880. Spirits Act , 1880. Ch. 24.

* (2.) Every such warehouse must be approved by the Commis¬
sioners and entered by the distiller.

50. (1.) The Commissioners may approve Excise warehouses for Excise ware¬
warehousing spirits without payment of duty. Such warehouses hou8 * e -
shall be for the general accommodation of persons desiring to ware¬
house spirits.

(2.) The proprietor or occupier of an Excise warehouse must
give the prescribed security.

51. In the case of a distiller’s warehouse or of an Excise ware- Accommoda-
house, the distiller or the proprietor or occupier must-, to the satis- ^°° e for
faction of the Commissioners, provide accommodation at the ware- e prov *
house for the officer in charge thereof, and in default of doing so

shall incur a fine of fifty pounds. .

52. (1.) The proprietor or occupier of a warehouse shall be alone Liability for
responsible to the proprietor of any spirits warehoused therein for J^^ ware "
the safe custody of the spirits.

(2.) No action shall be brought against the Commissioners or
any of their officers for loss or damage occasioned to spirits whilst
warehoused in such warehouse, or on account of any wrong or im¬
proper delivery of spirits therefrom.

53. The Commissioners may revoke their approval of a ware- Revocation of
house, and upon such revocation all spirits warehoused therein approval of
must be removed as the Commissioners direct, and no abatement warehou8e *
of duty or allowance shall be made in respect of any such spirits

for deficiency of quantity or strength after notice of the revocation
has been given to the proprietor or occupier of the warehouse.

54. The Commissioners may, if they think fit, themselves provide Crown ware-
Excise warehouses, and may charge for spirits warehoused therein house -
warehouse rent at the prescribed rate, not exceeding one penny

per week for forty gallons. This rent must be paid by the pro¬
prietor of the spirits to the collector, and shall be a lien on all
spirits warehoused in the same warehouse belonging to such pro¬
prietor.

55. If any spirits warehoused in an Excise warehouse provided Liability for
by the Commissioners are destroyed by fire, or by the falling of

the warehouse or of any part thereof, no claim for compensation house! ™
shall be brought against Her Majesty or the Commissioners or
any of their officers in respect of the spirits destroyed, but no duty
shall be payable in respect thereof.

56. (1.) A distiller may, subject and according to the provisions Warehousing

of this Act and to the prescribed regulations, and the prescribed 8

security, warehouse, without payment of duty, in the distiller’s ware 0U8e *
warehouse any spirits distilled on his premises.

(2.) The spirits may be warehoused in casks or in vats.

(3.) The spirits must not be of any strength other than that
allowed on removal from the spirit store.

57. Where a distiller has given the prescribed security under Constructive
which he may remove spirits from one warehouse to another, he ^ r ebo«sing
may, subject to the provisions of this Act and to the prescribed 18tl er *
regulations, remove any spirits directly from his store to an Excise

or Customs warehouse, and all spirits so removed shall be deemed
to have been first warehoused in the distiller’s warehouse and
removed therefrom under the provisions of this Act.

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Regulations as
to warehousing
by distiller.

Ch. 24.

Spirits Act, 1880.

43 & 44 Vict.

Warehousing

re-imported

spirits.

Stowage of
casks in ware¬
house.

58. (1.) The casks in which spirits are warehoused by a dis¬
tiller may be either full or on ullage, but each cask must contain
not less than nine gallons, and ou the outside of each end thereof
there must be legibly cut, branded, or painted with oil colours the
mark, number, capacity, and contents of the cask and the year
in which it is warehoused. All the casks warehoused in a dis¬
tiller’s warehouse or from the same distillery in any one year must
be continuously numbered, beginning with number one for the cask
first warehoused in such year.

(2.) A distiller must, not less than twenty-four hours before
removing spirits from his store to his distiller’s warehouse or an
Excise warehouse, give the officer in charge of the store, and also
the officer in charge of the warehouse, written notice of the day
and hour when he intends to begin the removal.

(3.) He must, by the same notice, or by a further written notice
given to each of these officers not less than one hour before the
removal, specify the mark, number, and capacity of each cask which
he intends to warehouse, and the number of gallons and the
strength of the spirits contained in each cask.

(4.) All spirits removed at the same time from the store to
warehouse must be of the same strength, and within one per centum
of the strength specified in the notice.

(5.) The removal of spirits must not take place except on the
day specified in the notice, nor except between the hours of eight
o’clock in the forenoon and three o’clock in the afternoon.

( 6 .) The officer in charge of the warehouse shall give to the dis¬
tiller a certificate in the prescribed form in relation to the spirits
warehoused, and the certificate shall forthwith be delivered over to
the officer in charge of the distillery.

(7.) In the case of spirits warehoused in a Customs warehouse the
authorized officer of Customs at the warehouse shall give to the
distiller a receipt in the prescribed form for the spirits, and the
receipt shall be forthwith delivered over to the officer in charge of
the distillery, who shall give to the distiller a copy thereof signed
by him.

( 8 .) The officer in charge of the distillery, after the delivery of
any such certificate or receipt, shall deduct from the number of
gallons of spirits for which the distiller is chargeable with duty the
number of gallons of spirits warehoused computed at proof.

( 9 .) If a distiller or any other person produces a receipt, pur¬
porting to express that spirits have been warehoused in a Customs
warehouse, which receipt is untrue in any particular, he shall incur
a fine of two hundred pounds.

59. The proprietor of any plain spirits re-imported into the
United Kingdom may, on the issue by the Commissioners of Customs
of a bill of store for the spirits, and on the repayment of the allow¬
ance granted on the exportation thereof, warehouse the spirits in an
Excise or Customs warehouse.

60. All casks warehoused must be arranged and stowed in such
manner that access can be easily had to each cask.

If a distiller or the proprietor or occupier of a warehouse fails to
cause the casks therein to be so arranged and stowed he shall incur
a fine of five pounds.

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1880. Spirits Act, l 880. Ch. 24 161

6L (1.) The proprietor of spirits warehoused may, in the presence Inspection of
of the officer in charge of the warehouse, view and examine the spirits,
and show them for sale, and examine the state of the casks, and
prevent leakage and drainage therefrom.

(2.) The officer shall, on request, attend at all reasonable times for
this purpose, but not more than once in twenty-four hours.

62 . S pints in a distiller's warehouse may, on the prescribed Transfer to
security being given by the distiller, be transferred to a purchaser, m

but no further transfer may be made of them whilst remaining in war ehonae.
the same warehouse.

63. British spirits warehoused in an Excise warehouse in the Transfer to
name of a distiller or dealer may be transferred into the name of a
purchaser on his producing to the officer in charge of the warehouse house.

a written order for the delivery thereof, signed by the proprietor of
the spirits, and countersigned by the proprietor or occupier of the
warehouse or his servant acting for him at the warehouse. Spirits
so transferred shall be discharged from all claim in respect of duties,
penalties, or forfeitures to which the transferor is liable, but may not
be delivered out of the warehouse for home consumption until pay¬
ment of the duties chargeable thereon.

64. (1.) The proprietor of spirits warehoused in a distiller’s or Vatting,

Excise warehouse may, in accordance with the prescribed regulations, or

vat, blend, or rack them in the warehouse, either on payment of duty Rehouse,
or otherwise.

(2.) Every cask containing racked or blended spirits must be
marked in the prescribed manner.

(3.) If the proprietor of any racked or blended spirits in a ware¬
house fails to have the casks containing the spirits marked as by this
section required, and to keep them so marked, he shall incur a tine of
fifty pounds.

65. (1.) The Commissioners may require a distiller or a pro- Racking duty*
prietor or occupier of an Excise warehouse to provide a separate P“ d “F"*-
room, secured to their satisfaction, for racking spirits on which

duty has been paid.

(2.) The officer in charge of the warehouse shall keep an account
of all spirits computed at proof belonging to a proprietor of spirits
which shall be received into the room and lawfully sent out there¬
from.

(3.) If at any time a greater quantity of spirits is found in the
room than ought, according to the account, to be there, the excess
shall be charged with duty.

(4.) If the excess amounts to more than one per centum of the
quantity of spirits brought in since the last preceding account, it
shall be forfeited, and the proprietor of the spirits shall incur a fine
of twenty shillings for every gallon of the excess.

66 . (1.) In any warehouse the duty shall be paid on any Allowance
deficiency exceeding the amount which can be accounted for by
natural waste or other legitimate cause before racking, and also on biendingfor
any deficiency exceeding one per centum which occurs during the racking,
operation.

(2.) If, after duty has been paid on any spirits, a portion thereof
is racked or drawn off from the cask, no further abatement or allow-
[the law repobts.] L

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Ch. 24.

Spirits Act, 1880. 43 & 44 ViCT.

Reducing
spirits in
warehouse.

Bottling spirits
in warehouse.

Sweetening
and colouring
in warehouse.

Fortifying.

Hours of
removal from
warehouse.

ance for deficiency shall be made in respect thereof whilst they
remain in warehouse.

67. (1.) A distiller may, in an Excise warehouse specially
approved for the purpose, and in accordance with the prescribed
regulations, reduce with water any plain spirits of a strength not
less than forty-three per centum over proof to any strength at
which spirits may be removed from a distiller's spirit store.

( 2 .) The water used for this purpose must be supplied only through
a service pipe and meter constructed, laid down, and fixed to the
satisfaction of the Commissioners.

(3.) An allowance not exceeding one per centum shall be made on
any deficiency occurring during the reduction.

68 . (1.) The proprietor of spirits warehoused in an Excise ware¬
house may bottle the spirits on giving the officer in charge of the
warehouse twenty-four hours previous notice of his intention to do
so.

( 2 .) He must provide and give the prescribed security, and the
place in which the spirits are to be bottled must be approved by the
Commissioners, must be adjacent to the warehouse, and must not be
situate in the same court or yard, or have any communication with
the premises of a rectifier, dealer, or retailer.

(3.) If the spirits are for home consumption they must be drawn
off into imperial or reputed quart or pint bottles, and packed in
cases containing one dozen quart bottles or two dozen pint bottles
each, or any number of dozens.

(4.) Each case must be fastened, secured, and marked in the
prescribed manner in the bottling place.

(5.) Subject as aforesaid, spirits must be bottled, packed, and
removed in accordance with the prescribed regulations.

( 6 .) If at any time there is found in the quantity of spirits
belonging to the proprietor a deficiency since the last account was
taken exceeding by two per centum in the quantity removed by
him into the bottling place, he shall be charged with duty on such
deficiency.

(7.) Spirits so bottled may not be removed for home con¬
sumption,—

(a.) by a distiller, unless he is also licensed as a dealer, in‘a
quantity less than five dozen imperial or reputed quart
bottles, or ten dozen imperial or reputed pint bottles ;

( 6 .) by any person in a quantity less than one dozen imperial or
reputed quart bottles, or two dozen imperial or reputed
pint bottles.

69. A distiller or a rectifier may, in accordance with the pre¬
scribed regulations, and on giving to the proper officer, or the
authorised officer of Customs, one day's notice, add any sweetening
or colouring matter, or any other ingredient, to any spirits ware¬
housed by him in an Excise or Customs warehouse.

70. Any spirits warehoused in an Excise or Customs warehouse,
except British compounds, mav be used in the warehouse for for¬
tifying wines, or for any other purpose for which foreign spirits
may be used under the Acts relating to the Customs.

71. Spirits may not be removed from a distiller’s warehouse
before six in the forenoon or after six in the afternoon, nor from an

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163

1880.

Spirits Act, 1880.

Ch. 24.

Excise warehouse before eight in the forenoon or after four in the
afternoon.

72. Subject to the provisions of this Act, spirits warehoused Removal from
may, in accordance with the prescribed regulations, and on the pre- ^^ 0U8e
scribed security being given, and at the risk of the proprietor

thereof, be removed to any other warehouse except a distiller’s
warehouse.

73. Where spirits are to be warehoused in an Excise warehouse Constructive
upon removal from another warehouse, the proprietor of the spirits

may, on their arrival at, but before their actual deposit in, the ware¬
house, make an entry thereof, or of some portion thereof not being
les3 than one cask, for removal for home consumption, or to another
warehouse, or for exportation, or ship’s stores, and thereupon the
spirits of which entry is so made shall be considered as if they
had been actually deposited, and may be delivered and removed
accordingly.

74. Spirits to which any sweetening or colouring matter or any Restriction
other ingredient has been added in warehouse, British liqueurs or ^ShU^ero
tinctures or medicinal spirits, may not be delivered from a ware- ^ certain
house except for exportation or ship’s stores, and must, when so other spirits,
delivered, be removed directly from the warehouse to the ship in

which they are to be exported or used as stores.

75. (1.) Spirits may be delivered from a warehouse for home Delivery from
consumption after the full duty chargeable thereon has been paid, warehouse for

(2.) The officer at the warehouse shall, on production to him of g^pt^’
the receipt for the duty, allow the spirits to be removed.

(3.) The spirits must be conveyed to the place of destination and
delivered there, without alteration or change, in the same casks or
packages in which they left the warehouse.

76. On the delivery for home consumption from any warehouse Regulation for
of a cask or package of British spirits warehoused therein with- chw-^mgduty
out payment of duty, duty shall be charged and paid
quantity of spirits contained in the cask or package at the time of
delivery. But if the quantity at that time is less than the
quantity originally warehoused, then, unless the Commissioners or

the Commissioners of Customs, as the case may be, are satisfied
that no part of the deficiency is caused by fraudulent abstraction,
duty shall be charged and paid on the quantity so warehoused, or
on such portion thereof as such Commissioners direct.

77. (1.) If at any time any deficiency beyond that which can Id case of
be accounted for by natural waste or other legitimate cause is found

in any cask or package of British spirits warehoused, the Com mis- warehouse,duty
sioners or the Commissioners of Customs maj r require immediate on quantity
payment of duty on the quantity of spirits originally warehoused t0

in the cask or package.

(2.) If the person in whose name the spirits are warehoused
refuses, on written demand by an officer, or an officer of Customs,
to pay the duty, he shall forfeit double the amount thereof.

(3.) No spirits warehoused in his name shall be transferred or
removed until the duty or forfeiture is paid.

78. The quantity of spirits contained in any vat, bottle, vessel, Mode of
cask, or package warehoused may be calculated by weight, measure,

L 2

+ i, _ on spirits

on the warehoused.

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164

spirits ware¬
housed.

Payment of
duty on
delivery of
spirits from
Customs ware¬
house.

Application of
warehousing
provisions to
foreign spirits
in an Excise
warehouse.

Removal from
warehouse for
exportation.

Removal from
warehouse for
ship's stores.

Removal from
warehouse for
methylation.

Ch. 24. Spirits Act , 1880. 43 k 44 Tier.

or gauge, as the Commissioners or the Commissioners of Customs
may direct.

79. Where British spirits are delivered from a Customs warehouse
for home consumption, and in all cases where duty is payable on
such spirits in such warehouse, the duty payable shall be collected
according to the laws and regulations for like spirits in an Excise
warehouse by the officers of Customs under the direction of the
Commissioners of Customs and paid into the Bank of England to
the account of the Receiver General of Inland Revenue, and dealt
with as other duties of Excise.

80. Where foreign spirits are delivered from an Excise warehouse
for home consumption, the duty payable thereon shall be collected
by an officer under the direction of the Commissioners according
to the laws and regulations for like spirits in a Customs warehouse,
and paid into the Bank of England to the account of the Commis¬
sioners of Customs, and dealt with as other duties of Customs.

81. (1.) The proprietor of spirits in a distiller’s or Excise ware¬
house may, on giving notice and the prescribed bond, remove the
spirits for exportation without payment of duty.

(2.) The notice must be delivered to the officer in charge of the
warehouse not less than twenty-four hours before the time when
the proprietor intends to ship the spirits, and must specify the
mark, number, and capacity of each cask or package intended to be
shipped, the number of gallons and strength of the spirits contained
in each such cask or package, the time and place of the intended
shipment, and the name or description and destination of the ship.

(3.) The officer may place any prescribed mark on each cask or
package intended for exportation.

(4.) The bond given by the proprietor must, subject to the
prescribed regulations, be conditioned that the spirits specified in
the notice given from time to time shall be conveyed to the quay
where the ship is lying, shall be put on board the ship, and shall
(the danger of the seas or enemies excepted) be exported to and
landed at the port specified in the notice without alteration or
change, and shall not be landed at any other place.

(5.) The spirits must be sent to the quay where the sjiip is
lying, and delivered with the permit to the custody of the autho¬
rized officer of Customs there, and must remain in his custody until
shipped.

(G.) On shipment the officer of Customs shall certify on the back
of the permit the date of the shipment, the name of the ship, and
the quantity of spirits, computed at proof, shipped, and shall send
the permit to the collector of the collection from which the spirits
were sent.

82. Spirits warehoused may, on the prescribed bond being given,
subject to the prescribed regulations and subject to the conditions,
regulations, and restrictions required by any Act in force for the
time being, be delivered out without payment of duty for ship’s
stores.

83. Spirits warehoused may, on the prescribed bond being given,
subject to the prescribed regulations, be delivered out, without
payment of duty, for methylation.

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1880. Spirits Act, 1880. Ch. 24. 165

84. If a distiller, or proprietor of spirits, or proprietor or oc- Offences with
cupier of an Excise warehouse, by himself, or by any person in his res P e ® t t0 .
employ or with his connivance, commits any of the following ware onwng *
offences; (that is to say,)

(a.) Qpens any of the locks or doors of a warehouse, or makes
or obtains access into an Excise warehouse, except in the
presence of an officer acting in his duty as such ; or

( 6 .) After the approval of a warehouse, makes any alteration
therein or addition thereto without the previous consent of
the Commissioners; or

(c.) Warehouses spirits in, or removes spirits from, a warehouse
otherwise than is provided by this Act; or

(d.) By any .contrivance or device privately removes or conceals
any spirits either before or after they are warehoused,
he shall incur a fine of two hundred pounds ; and all spirits ware¬
housed, removed, or concealed in contravention of this section shall
be forfeited.

85. All the powers, provisions, regulations, and penalties con- Application of
tained in or imposed by any Act relating to the Customs as to the ^ U g^“® h Acts
warehousing, custody, and delivery out of warehouse of goods liable spirits in a

to a duty of Customs, and as to any deficiencies therein or allow- Customs ware-
ances thereon, shall, where applicable, be observed, applied, en- house *
forced, and put into execution with reference to British spirits
warehoused in a Customs warehouse, so far as the same are not
superseded by and are consistent with the provisions of this Act.

Rectifiers.

86 . The rules contained in the fourth, sixth, seventh, eighth, 10

ninth, and tenth parts of the First Schedule, with the corresponding certain
penalties, and the provisions of this Act with respect to the follow- provisions

ing matters:— distiUers!°

(a.) Alterations of vessels, utensils, and pipes ;

(6.) Powers of Commissioners to allow use of additional or sub¬
stituted utensils and fittings;

(c.) Penalty for interference with and attempt to defeat gauging;

(d.) Penalties for frauds and offences in relation to vessels and
utensils;

(e.) Making entry;

(f.) Unlawful hours for distilling ;
shall apply to every rectifier as if he were a distiller.

Entry must be made by a rectifier before he begins to receive,
rectify, or compound any spirits.

87. (1.) No person may make entry of or use for rectifying or Rectifier’s
compounding spirits, or for receiving or keeping spirits as a recti- be^thh^ t0
fier, any premises within a quarter of a mile of any premises entered quarter of a
or used for brewing or making wort or wash, or for distilling spirits, “jR? of a

or for receiving or keeping spirits by a distiller. distillery.

(2.) If any person contravenes this section he shall incur a fine
of five hundred pounds for every week during which the premises
are so entered or used.

88 . (1.) A rectifier keeping a still may not carry on upon his Rectifier’s
premises the business of a brewer of beer or a maker of sweets, bT^nnwSed

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166

43 & 44 Vict.

with the
premises of a
brewer, See.

Restrictions on
business of
rectifier.

Receipt of
spirits by
rectifier.

Scheduled
rules with
respect to
rectifiers.

Ch. 24. Spirits Act , 1880.

vinegar, cider, or perry, or a refiner of sugar, or a dealer in or
retailer of wine.

(2.) No person may carry on the business of a rectifier keeping
a still upon premises communicating otherwise than by an open
public street or carriage road with any premises used by a brewer
of beer or a maker of sweets, vinegar, cider, or perry, or a refiner
of sugar, or a dealer in or retailer of spirits or a dealer in or retailer
of wine.

(3.) If any person contravenes any of the foregoing provisions
of this section he shall incur a fine of two hundred pounds.

(4.) The Commissioners may refuse to grant a licence for recti¬
fying or compounding spirits on any premises in which from their
situation with respect to a distillery they think it inexpedient to
allow such business to be carried on.

89. (1.) A rectifier keeping a still must not have in his pos¬
session any wort, wash, fermented liquor, or materials capable of
being distilled into low wines or spirits.

(2.) No rectifier whatever may—

(a.) Distil or extract low wines or spirits from any material except
spirits; or

(6.) Have in his possession any spirits for which he has not
received and delivered to the proper officer a permit or
certificate; or

(c.) Have in his possession any foreign spirits, except for the pur¬
pose of being rectified or compounded by him as spirits of
wine or as British compounds.

(3.) If a rectifier contravenes this section, he shall for each
offence, in addition to any other penalty, incur a fine of five hundred
pounds, or, at the election of the Commissioners, of twenty shillings
for every gallon of wort, wash, fermented liquor, or other materials
or of the low wine9 or spirits in respect of which the offence is com¬
mitted.

(4.) If a rectifier is convicted more than once of an offence
against this section, his licence shall become void, and he shall,
during three years from the date of the conviction, be incapable
of holding a licence as a rectifier.

90. (1.) A rectifier must, on receipt of any spirits, give notice
thereof to the proper officer, and deliver to him the permit or cer¬
tificate received with the spirits.

(2.) Unless the officer neglects to attend within one hour after
receiving the notice, the rectifier must not, until the officer has
taken account of the spirits so received, break bulk or draw off
any part of the spirits or add water or anything thereto, or in
any respect alter the same, or tap, open, alter, or change any cask
or package containing any such spirits.

(3.) If a rectifier contravenes this section he shall incur a fine of
two hundred pounds and forfeit the spirits in respect of which the
offence is committed.

91. (1.) With respect to the business of a rectifier the rules in
the Third Schedule must be observed.

(2.) For any contravention of the rules in the first part of the
Third Schedule the rectifier shall incur a fine of two hundred
pounds.

Digitized by

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1880.

167

Spirits Act , 1880. Cfl. 24.

(3.) For any contravention of the rules in the second part of
the Third Schedule the rectifier shall incur a fine of one hundred
pounds.

(4.) For any contravention of the rule in the fourth part of
the Third Schedule the rectifier shall incur a fine of fifty pounds,
and the spirits' in respect of which the offence is committed shall
be forfeited.

92. An officer may take a sample of the contents of a still of Pemdty for

a rectifier at any time before it has begun to work, or after it has or

ceased working, and if there is found in the still any wine or wash spirits,
put. into or mixed with low wines, feints, or spirits, the rectifier
shall, in addition to any other penalty, incur a fine of five hundred
pounds.

93. (1.) A rectifier must not send out any spirits except British Quality and
compounds or spirits of wine, and must not send out any British g^^aUowed
compounds or spirits of wine in less quantity than two gallons. to be removed

(2.) If a rectifier contravenes this section, he shall, for each from stock of
offence, incur a fine of fifty pounds; and all spirits sent out in rec er#
contravention of this section, together with all horses, cattle, car¬
riages, and boats made use of in conveying the same, shall be
forfeited.

94. (1.) An officer shall from time to time take an account in Account of
the prescribed manner of the quantity and strength of the spirits st e ^»

in the stock of a rectifier, making allowance for the spirits for excessor
which certificates have been granted since the last account. deficiency.

(2.) If a still is at work when the account is taken, all spirits
produced from the charge of the still must be kept apart from
the remainder of the stock until the account has been completed.

(3.) If, on balancing the stock, any excess appears, a quantity
of spirits, computed at proof, equal thereto shall be forfeited, and
the rectifier shall incur a fine of twenty shillings for every gallon
of such excess.

(4.) If, on balancing the stock, there is any deficiency not duly
accounted for by spirits sent out with certificate, and exceeding five
per centum on the balance struck when the account was last taken,
together with the quantity since lawfully received, the rectifier
shall incur a fine of twenty shillings for every gallon of such defi¬
ciency.

95. (1.) A rectifier may, subject to the provisions of this Act, and Power for
the prescribed regulations, warehouse in an Excise or Customs ware- Warehouse on
house, for exportation or for ship’s stores, or for home consumption, drawback.
British compounds rectified or compounded by him from spirits

on which duty has been paid, and not being British liqueurs or
tinctures or medicinal spirits.

(2.) He may so warehouse for exportation or for ship’s stores,
but not for home consumption, British liqueurs, tinctures, or medi¬
cinal spirits compounded by him from spirits on which duty has
been paid.

(3.) He may so warehouse, either for exportation or for ship’s
stores, but not for home consumption, spirits of wine rectified by
him from spirits on which duty has been paid.

(4.) British compounds warehoused for home consumption must
be of a strength not exceeding eleven degrees over proof.

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168

Ch. 24. Spirits Act , 1880. 43 & 44 Vicr.

(5.) British compounds and spirits of wine must be warehoused
in casks either full or on ullage of one gallon or two gallons. All
casks warehoused in any one year from the same premises must be
numbered consecutively. The capacity of each cask must be not
less than nine gallons, and there must be legibly cut, branded, or
painted with oil colours on each end thereof—

(a.) The name and place of business of the rectifier:

(6.) The number of the cask and the year in which it is ware¬
housed :

( c .) The capacity of the cask in gallons, and, if the capacity is less
than eighty gallons, the quarter or quarters of a gallon of
capacity above the number of entire gallons:

(d.) The number of gallons, strength, and denomination of the
spirits contained in the cask.

(6.) The rectifier must, before warehousing spirits, deliver to the
officer in charge of the warehouse or the authorized officer of
Customs a warehousing entry specifying—

(a.) The particulars of the spirits, as set forth in the certificate :
(6.) The name of the rectifier :

(c.) The place whence the spirits are sent:

( d .) In the case of British liqueurs, or tinctures, or medicinal
spirits, the number of gallons at proof of the spirits from
which the contents of each cask were compounded.

(7.) The strength of all spirits warehoused on drawback (except
British liqueurs, or tinctures, or medicinal spirits) shall be deemed
to be that ascertained by Sykes’s hydrometer.

(8.) Where a cask contains British liqueurs, or tinctures, or
medicinal spirits, the officer shall take a sample from the cask; and
the sample shall be examined, under the direction of the Commis¬
sioners, or the Commissioners of Customs, by distillation or other¬
wise, and the strength as ascertained by the examination, less
five degrees, shall, for the purposes of this Act, be deemed the true
strength of the contents.

(9.) When the officer has examined the spirits, he shall deliver
to the rectifier a receipt specifying—

(a.) The marks, numbers, and capacity of each cask warehoused r
and

(6.) The number of gallons computed at proof, description, and
strength of the spirits in each cask ; and
(c.) The total number of gallons computed at proof received with
the certificate.

(10.) The officer shall forthwith send to the collector of the
collection in which the rectifier’s premises are situate a certificate
setting forth the name of the rectifier, the situation of his premises,
and the other particulars required to be inserted in the receipt.

(11.) The collector shall, on receiving three days written notice
of the time when payment is required, and on production of the
receipt, pay to the rectifier, or to any person authorized by him, a
drawback of the duties on the spirits warehoused.

(12.) Spirits warehoused for home consumption under this section
may be delivered out for home consumption under the same rules
and regulations and on payment of the same duty as spirits ware¬
housed by a distiller.

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1880.

169

Spirits Act, 1880. Ch. 24.

(13.) Spirits warehoused for exportation or ship’s stores under
this section must not be delivered out otherwise than directly from
the warehouse to the ship in which they are to be exported or used
as stores.

Dealers and Retailers.

96 . The first, second, and sixth rules contained in the seventh Application to
part of the First Schedule and the rules contained^ the eighth part

thereof, with the corresponding penalties, and the provisions of this certain pro-
Act with respect to the following matters— vimons relating

(a.) Penalty for interference with or attempt to defeat gauging, t0 e ”*
and

(b.) Penalties for frauds and offences in relation to vessels and
utensils,

shall apply to every dealer and retailer as if he were a distiller.

97 . Every dealer and retailer must, in accordance with the pre- Dealers and
scribed regulations, make entry in writing, signed by him, of every ^^ e ” t t0
building, room, place, fixed cask, vessel, and utensil intended to e en ry *
be used by him for keeping spirits, distinguishing each place or

thing by a separate letter or number.

98 . (1.) There must be legibly cut, branded, or painted with oil Marking casks,
colour on some conspicuous part of every fixed cask or .other vessel

used by a dealer or retailer for holding spirits in stock, and on
the outside of both the ends of every moveable cask used by him
for keeping or delivering spirits, the number of gallons which the
cask or vessel is capable of containing.

(2.) Every cask or vessel which does not bear the capacity thereof
so cut, branded, or painted shall be forfeited with the contents, and
the dealer or retailer shall incur a fine of fifty pounds.

99 . (1.) Where the strength of any spirits forming part of the Marking
stock of a dealer or retailer cannot be ascertained by Sykes’s hydro- certain spirits,
meter, the dealer or retailer must, on being so required by an officer,

cause the quantity and strength of the spirits to be legibly marked
on the outside of the cask or vessel containing them.

(2.) Every cask or vessel which a dealer or retailer neglects or
refuses, on being so required, to mark, or fails to keep so marked,
or which is found to be untruly marked, shall be forfeited with the
contents, and the dealer or retailer shall, for each offence, incur a
fine of fifty pounds.

(3.) But a cask or vessel shall not be deemed to be untruly
marked within the meaning of this section if the strength denoted
by the marie corresponds with that expressed in the permit or cer¬
tificate with which the spirits were received into stock, and no
alteration has since been made in the spirits.

100 . (1.) A distiller shall not be licensed to carry on the business Restriction on
of a dealer upon any premises within two miles from his distillery

unless those premises are first approved by the Commissioners. to distiller.

(2.) If a distiller carries on the business of a dealer on any
approved premises within two miles from his distillery, no spirits
shall be removed from such premises unless accompanied by a
permit, and if any spirits are removed without a permit he shall
incur the same fine and forfeiture as if the removal had been from
his spirit store.

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170

Ch. 24.

43 & 44 Vict.

Situation of
dealer’s and
retailer’s
premises.

Restrictions on
sale by dealers
and retailers.

Penalty for
excess in stock
of dealer or
retailer.

Meaning of
sale by retail.

Spirits required
to be accom¬
panied by
permit or
certificate.

Spirits Act , 1880.

101. (1.) A dealer or retailer must not carry on his business upon
any premises communicating otherwise than by an open public
street or carriage road with any premises entered or used by a
distiller, or a rectifier keeping a still.

(2.) A retailer must not be concerned or interested in the business
of a distiller, or of a rectifier keeping a still, carried on upon any
premises within two miles from the premises on which he is licensed
to carry on the business of a retailer.

(3.) If a dealer or retailer contravenes this section he shall for
each offence incur a fine of two hundred pounds.

102. (1.) A dealer must not, unless he has an additional licence
authorizing him so to do, or is also licensed as a retailer, sell, send
out, or deliver spirits in any less quantity than two gallons of
the same denomination at a time for the same person.

(2.) A retailer must not, unless he is also licensed as a dealer,
sell, send out, or deliver spirits to a rectifier, dealer, or retailer, or
buy or receive spirits from another retailer, not being also licensed
as a dealer.

(3.) A dealer or retailer must not receive, send out* or have in his
possession any British spirits of any strength exceeding that at
which a distiller may send out spirits of the like denomination.

(4.) If a dealer or retailer contravenes this section he shall for
each offence incur a fine of fifty pounds, and in case of the spirits
being of unlawful strength they shall be forfeited.

103. (1.) An officer may at any time take an account of the
quantity of spirits in the stock or possession of a dealer or retailer.

(2.) If the quantity of spirits computed at proof found on taking
the account exceeds the quantity which ought according to the
stock book of the dealer or retailer to be in his possession, the excess
shall be forfeited and the dealer or retailer shall incur a fine of
twenty shillings for every gallon of the excess.

104. The sale of spirits in any quantity less than two gallons or
less than one dozen reputed quart bottles shall be deemed sale by
retail.

Permits , Certificates , and Stock Books .

105. (1.) No spirits maybe sent out or delivered from a dis¬
tiller's store unless accompanied by a permit.

(2.) No spirits may be removed from a distiller’s or Excise ware¬
house unless accompanied by a permit.

(3.) No spirits may be removed from a Customs warehouse (the
same not being under bond on removal from one such warehouse
to another such warehouse) unless accompanied by a Customs
certificate from an authorized officer of Customs.

(4.) No spirits may be sent out or delivered from the stock of a
rectifier unless accompanied by a certificate.

(5.) No spirits fiaay be sent out or delivered from the stock of a
dealer unless accompanied by a certificate, except spirits not exceed¬
ing in quantity one gallon at a time sold by him under an additional
licence or a licence to retail to a person not beiDg a dealer or
retailer.

(6.) No spirits exceeding in quantity one gallon of the same
denomination at a time for the same person may be sent out or

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1880. Spirits Act , 1880. Ch. 24.

delivered from the stock of a retailer unless accompanied by a
certificate.

(7.) Except as in this section is provided, no spirits exceeding the
quantity of one gallon of the same denomination at a time for the
same person may be sent out, delivered, or removed from any one
place to any other place unless accompanied by a permit.

(8.) All spirits found to have been sent out, delivered, or removed,
or in course of being sent out, delivered, or removed in contravention
of this section, together with all horses, cattle, carriages, and boats
made use of in conveying the same, shall be forfeited, and every
person in whose possession the same are found shall incur a fine of
one hundred pounds, or at the election of the Commissioners or
the Commissioners of Customs a fine equal to treble the value of the
spirits.

(9.) If any question arises as to the accuracy of the description of
spirits in a permit or certificate, the proof that the spirits correspond
to the description shall lie on the owner or claimant of the spirits,
who shall prove the same by the oaths of two credible witnesses,
being skilful and experienced persons competent to decide by
examination thereof.

106 . (1.) A permit shall be'granted by the proper officer upon a
request note signed by a distiller or other person requiring a permit
and delivered to the officer.

(2.) The request note must contain the particulars specified in that
behalf in the Fourth Schedule.

(3.) The permit must contain all the particulars specified in the
request note, and shall be in force for such limited time only as may
be mentioned in the permit.

(4.) A permit shall not be granted to a distiller for any less
quantity of spirits than nine gallons contained in one cask, or if the
spirits are bottled, for any quantity less than five dozen imperial or
reputed quart bottles or ten dozen imperial or reputed pint bottles.

(5.) A permit shall not be granted for the removal of spirits from
the stock of a distiller (except for spirits to be warehoused) unless
the receipt for the duty on the spirits to be removed be produced
with the request note.

(6.) The officer must indorse on the receipt the quantity of spirits
for which the permit is granted and the date' of the permit.

107 . (1.) If any person—

(a.) sends out, delivers, removes, or receives any spirits required
to be accompanied by a permit without a permit; or

(b.) sends out, delivers, removes, or receives any spirits in quan¬
tity greater than, or differing in quality, denomination,
or strength from that expressed in the permit accom¬
panying the same; or

(c.) having obtained a permit, does not send out therewith the
spirits therein described or return the permit to the proper
officer within the time by law required; or

(d.) requests, obtains, or uses any pernfit, or causes or suffers any
permit to be requested, obtained, or used for any purpose
other than that of accompanying the removal and delivery
of spirits therein described ; or

Mode of
obtaining
permit.

Penalties for
removal of
spirits without
permit and
fraudulent use
of permit

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172

Ch. 24.

Spirits Act, 1880. 43 & 44 Vict.

Certificate

book.

Penalties in
case of removal
of spirits
without certi¬
ficate.

Fraudulent use
of certificate.

(e.) produces, or causes or suffers to be produced to any person
any permit as having been received with spirits other than
those therein described ; or

(/.) in any manner uses, or causes or suffers to be used, any per¬
mit so that any account of spirits kept or checked by an
officer may be frustrated or evaded;
he shall, in addition to any other penalty or forfeiture, incur a fine
of five hundred pounds.

(2.) Every permit used for any purpose other than that of
accompanying the removal and delivery of the spirits for which it is
granted and as therein expressed, shall be deemed to be a false per¬
mit, and any unlawful use thereof shall, in addition to any other
penalty or forfeiture, subject the person using it to all penalties and
forfeitures imposed by law upon any person for using a false permit.

(3.) If a distiller, rectifier, dealer, or retailer is convicted of an
offence against this section he shall forfeit his licence, and no new
licence shall be granted to him for the remainder of the year for
which such forfeited licence would have been in force.

108 . (1.) Every rectifier, dealer, and retailer must, by written
request, obtain from the proper officer a certificate book containing
forms of certificates and counterfoils, for which he must give a
receipt.

(2.) Before sending out or delivering any spirits required to be
accompanied by a certificate, he must enter in one of these certifi¬
cates, and in its counterfoil, the particulars specified in that behalf
in the Fourth Schedule, and must sign the certificate.

(3.) 1 He must deliver the certificate with the spirits to the person
to whom the spirits are entered in the certificate.

(4.) He must use the certificates in the order in which they are
numbered in the certificate book.

(5.) He must keep the certificate book in his premises, open to
inspection by any officer, and must allow any officer to make entry
therein, or take any extract therefrom.

(6.) He must return the certificate book when it is exhausted,
or on request, to the proper officer, who shall give a receipt for it.

109 . (1.) If a rectifier, dealer, or retailer sends out, delivers, or
receives any spirits required to be accompanied by a certificate
without a certificate or accompanied by an inaccurate certificate, he
shall for each offence incur a fine of one hundred pounds, and all
spirits sent out, delivered, or received in contravention of this section
shall be forfeited.

(2.) A penalty shall not be incurred under this section by reason
only of the spirits being in strength not more than one per centum
above or two per centum below the strength expressed in the
certificate.

110 . (1.) If a rectifier, dealer, or retailer uses or suffers to be used
any certificate taken from his certificate book, except for the removal
of spirits from his own stock, or delivers or parts with any form of
certificate without filling it up, as required by this Act, he shall
for each offence incur a fine of five hundred pounds.

(2.) If any person uses a certificate or form of certificate, whether
filled up or not, so that the account of spirits kept or checked by
an officer, or any examination of spirits by an officer, is or may be

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173

1880. Spirits Act , 1880. Ch. 24.

frustrated or evaded, he shall for each offence incur a fine of five
hundred pounds.

(3.) If a rectifier, dealer, or retailer is convicted of an offence
under this section, he shall forfeit hi9 licence, and no new licence
shall be granted to him for the remainder of the year for which
such forfeited licence would have been in force.

111 . (1.) Every rectifier, dealer, and retailer must on receiving
spirits accompanied by a permit or certificate, immediately cancel
the permit or certificate in the prescribed manner, and must deliver
the cancelled permit or certificate to the officer who first inspects
his premises after the receipt thereof.

(2.) If any person contravenes this section he shall incur a fine of
fifty pounds.

(3.) But no penalty shall be incurred for the failure to deliver a
permit or certificate if it is proved that the failure is caused by the
permit or certificate having been lost or destroyed more than three
months after the date thereof.

112 . (1.) Every rectifier, dealer, and retailer must provide himself
with and keep a stock book according to a pattern to be obtained
on application to the proper officer, and must, on receiving any
spirits, and also on sending out or delivering any spirits required
to be accompanied by a certificate, enter in his stock book the par¬
ticulars specified in that behalf in the Fourth Schedule.

(2.) He must make these entries at such times as an officer
directs, or in the absence of any such direction before the expiration
of the day on which the spirits are received, sent out, or delivered.

(3.) He must keep the stock book in his premises, open to in¬
spection by any officer, and must allow any officer to make any entry
therein or take any extract therefrom.

(4.) He must keep it open to such inspection for not less than
twelve months after it is filled up.

113 . If a rectifier, dealer, or retailer—

(a.) fails to obtain, provide, keep, produce, or return a certificate
book or a stock book as by this Act required, or to make
therein respectively the entries by this Act required ; or

(6.) hinders or obstructs any officer in examining a certificate
book or a stock book, or in making any entry therein or
extract therefrom; or

(c.) cancels, alters, obliterates, or destroys any part of a certificate
book or a stock book or any entry therein ; or

(d.) makes a false entry in a certificate book or a stock book ; or

(e.) separates any certificate, or form of certificate, from its
counterfoil without properly filling up the certificate and
counterfoil, or except on the occasion of sending out or
delivering spirits therewith;

he shall for each offence incur a fine of one hundred pounds.

Miscellaneous .

114 . For the purpose of ascertaining by weighing the quantity
of spirits in a cask, Table B. in the Second Schedule shall be used,
and the quantity ascertained thereby in accordance with the rates
prefixed thereto shall be deemed to be the true quantity.

Digitized by

Google

Cancelling and
delivery of
permits and
certificates.

Stock book.

Offences with
respect to
certificate
books and
stock books.

Buies for
ascertaining
quantity of
spirits by
weighing.

174

Kemi8sion of
duty for spirits
lost or
destroyed.

Part I. not to
apply to methy¬
lated spirits.
Exemption of
methylated
spirits from
duty.

Persons au¬
thorized to
methylate.

Persons au¬
thorized to
supply methy¬
lated spirits, i

Authority to
use methylated
spirits.

Persons to
whom methy¬
lated spirits
may be
supplied by
authorized
methylator.

Place of
methylation.

Ch. 24. Spirits Act , 1880. 43 & 44 Vicr.

115. In the event of the loss or destruction by fire or other un¬
avoidable accident of any wash or spirits in a distillery, or of any
spirits when deposited in a distiller's or Excise warehouse, or whilst
being received into or delivered from a spirit store or such ware¬
house, or whilst being removed under bond on shipboard, or whilst
being shipped or landed, the Commissioners shall, on proof to their
satisfaction of the loss or destruction, remit the duty payable or paid
in respect of the wash or spirits so lost or destroyed.

PART II.

Methylated Spibits.

116. Part I. of this Act shall not apply to methylated spirits.

117. (1.) Methylated spirits shall, subject to the provisions of
this Act, be exempt from duty.

(2.) If a rectifier methylates duty-paid spirits he shall be allowed
a drawback at the rate of the duty chargeable on British spirits of
the like strength.

118. (1.) The following persons, and no others, are authorized to
methylate:

(a.) Distillers, if so authorized by the Commissioners.

Ib.) Rectifiers, if so authorized by the Commissioners.

(c.) Persons licensed to methylate.

(2.) Such persons are called in this Act authorized methylators.

119. The following persons, and no others, are authorized to
supply methylated spirits:

(a.) Authorized methylators.

(6.) Persons licensed to retail methylated spirits, in this Act called
retailers of methylated spirits.

120. The Commissioners may, if they think fit, authorize any
person to receive methylated spirits from an authorized methylator
for use in any art or manufacture carried on by him. The authority
shall not be granted until the applicant has given the prescribed
security that he will use the methylated spirit in the art or manu¬
facture and for no other purpose, and that he will observe the pro¬
visions of this Act and the prescribed regulations.

121. An authorized methylator must not supply methylated
spirits to any person except—

(a.) a retailer of methylated spirits, or

(6.) a person authorized to receive methylated spirits, or

(c.) if the methylator is a distiller, a rectifier authorized to
methylate, or a person licensed to methylate.

122. (1.) Spirits may be methylated in the following places—

(a.) A building or room approved by the Commissioners and

entered for the purpose by the methylator.

(6.) A warehouse provided for the purpose by the Commis¬
sioners.

(c.) An Excise warehouse, with the permission of the Com¬
missioners.

(2.) The Commissioners may charge for warehousing and labour
at the rate of one penny per gallon per month for all spirits
methylated or stored in a warehouse provided by them.

Digitized by LjOOQle

1880.

Spirits Act, 1880.

Ch. 24. 175

123. (1.) The following and no other spirits may be used for Materials fop

methylation:—

(a.) Plain spirits of strength not less than fifty per centum
above proof, and unsweetened foreign spirits of like
strength.

(6.) Rum of strength not less than twenty per centum above
proof.

(2.) The quantity of spirits used for methylation at any one
time shall not be less than—

and mode of
methylation.

(a.) In the case of British spirits, four hundred and fifty gallons;

(6.) In the case of foreign spirits in an Excise warehouse, the
contents of the cask in which the spirits are imported.

(3.) The substance mixed with spirits for the purpose of methy¬
lation must be wood naphtha, or methylic alcohol in the proportion
of not less than one ninth of the bulk of the spirits, or some other
substance approved for the purpose by the Commissioners; and
may, if the Commissioners think fit, be provided by them at the
expense of the methylator.

(4.) The substance must, before the mixing thereof, be examined
and approved by an officer appointed in that behalf.

(5.) Foreign spirits may not be used for methylation until the
difference between the duty of Customs chargeable thereon and the
duty of Excise chargeable on British spirits has been paid.

(6.) With respect to the removal of spirits and substances for
methylation and the time and mode of methylation the prescribed
regulations must be observed, and the prescribed security must be
given.

124 . (1.) An authorized methylator must not supply methylated Supply and

spirits except in vessels containing not less than five gallons. £Tth P lated

(2.) Each vessel must be distinctly labelled with the words j^jnts.

“ methylated spirits ” and must be accompanied by a permit or
such document in the nature of a permit as the Commissioners
may prescribe.

(3.) The sale, delivery, and removal of methylated spirits from
the premises of an authorized methylator must be in accordance
with the prescribed regulations, and subject to the prescribed
security.

(4.) Every person authorized to receive methylated spirits must,
on ordering the same, correctly fill up the prescribed form of re¬
quisition and counterfoil with the prescribed particulars, and send
with the requisition a certificate signed by the proper officer that
the applicant is a person so authorized, and must keep the counter¬
foil and produce it on request to any officer.

125 . (1.) The proper officer shall keep a stock account of all Stock account,
spirits computed at proof methylated or received by an authorized
methylator.

(2.) If the quantity of methylated spirits in the possession of an
authorized methylator exceeds by more than one per centum the
quantity which ought by the stock account to be in his possession
he shall forfeit the whole excess.

(3.) If the quantity of methylated spirits in the possession of
an authorized methylator is less by more than two per centum than
the quantity which ought by the stock account to be in his pos-

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176

Roles to be
observed by
retailers of
methylated
spirits.

Powers of
entry, inspec¬
tion, and
sampling.

Unlawful
supply of
methylated
spirits.

Unlawful
possession of
methylated
spirits.

Preparation,
sale, or use of
methylated
spirits as or for

Ch. 24. Spirits Act , 1880. 43 & 44 Vict.

session, be shall pay on the whole deficiency the duty payable on
British spirits.

126 . (1.) A retailer of methylated spirits—

(a.) must make entry with the Commissioners of each room or
place where he intends to keep and sell the spirits; and

(6.) must not keep or sell the spirits in any place which is not so
entered; and

(c.) roust not receive or have in his possession at any one time
a greater quantity of methylated spirits than fifty gallons;
and

(d.) must not receive methylated spirits except from an au¬
thorized methylator or a retailer of methylated spirits;
and

(e.) must not receive methylated spirits from a retailer of methy¬
lated spirits in a quantity exceeding one gallon at a
time; and

( /.) must not sell to or for the use of any one person more than
one gallon of methylated spirits at a time ; and

(g.) must, on request, at all reasonable times produce his stock of
methylated spirits for examination by an officer ; and

(A) must keep an account, in the prescribed form, of his stock
of methylated spirits and of the sale thereof.

If a retailer of methylated spirits contravenes this section he shall
for each offence incur a fine of fifty pounds and the spirits with
respect to which the offence is committed shall be forfeited.

127 . (1.) An officer may in the daytime enter and inspect the
premises of an authorized methylator or a retailer of methylated
spirits, or any premises of a person authorized to receive methylated
spirits, and inspect, examine, and take samples of any methylated
spirits therein, paying a reasonable price for each sample.

(2.) If any person refuses to allow an officer to exercise any of
these powers, he shall for each offence incur a fine of fifty pounds.

128 . (1.) If any person supplies, removes, or receives methylated
spirits in contravention of this Act he shall for each offence incur
a fine of fifty pounds, and the spirits with respect to which the
offence is committed shall be forfeited.

(2.) If an authorized methylator supplies any methylated spirits
to any person after having received notice from the proper officer
that the person to whom the spirits are supplied is not authorized
to receive them, he shall pay on the spirits so supplied the duty
payable on British spirits.

129 . If any person—

(a.) being an authorized methylator, has in his possession any
methylated spirits in any place where he is not authorized
to keep them ; or

(6.) not being an authorized methylator, has in his possession
any methylated spirits not obtained from a person autho¬
rized to supply them,

he shall incur a fine of one hundred pounds, and the spirits with
respect to which the offence is committed shall be forfeited.

130 . (1.) If any person—

(a.) prepares or attempts to prepare any methylated spirits for
use as or for a beverage or as a mixture with a beverage; or

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1880.

Spirits Act , 1880. Ch. 24. 177

(6.) sells any methylated spirits, whether so prepared or not, as a beverage or
or for a beverage, or mixed with a beverage ; or medicine.

(a) uses any methylated spirits or any derivative thereof in the
preparation of any article capable of being used wholly
or partially as a beverage, or internally as a medicine ; or

(d.) sells or has in his possession any such article in the pre¬
paration of which methylated spirits or any derivative
thereof has been used,

he shall for each offence incur a fine of one hundred pounds, and
the spirits with respect to which the offence is committed shall be
forfeited.

(2.) Nothing in this section shall apply to the use of methylated
spirits, or any derivative thereof, in the preparation of sulphuric
ether or chloroform, for use as a medicine, or in any art or manu¬
facture, or prevent the sale or possession of any sulphuric ether
or chloroform for such use.

13L Where methylated spirits have been mixed with gum resin Offences with
for forming any article, if any person separates the gum resin from
the spirits, or alters the article in any way except by adding gum Spirits mixed
resin, or by adding a substance for the sole purpose of colouring, he with gum resin,
shall for each offence incur a fine of two hundred pounds, and forfeit
the spirits and article with respect to which the offence is com¬
mitted.

132. The Commissioners may suspend or revoke any licence to Power to
methylate, authority, or approval granted under this part of this J^nce, &c.

PART III.

Supplemental.

Purified Methylic Alcohol .

133. (1.) Any liquid containing methylic alcohol so purified or Purified
otherwise prepared by filtration or any other process as to be free “cohoUo be
wholly or partially from any flavour or odour which would other- deemed low
wise pertain to it shall be deemed to be low wines, and to have been wines.

so prepared for the purpose of distilling spirits therefrom, and shall
be chargeable with duty and otherwise subject to the regulations to
which spirits are subject under Part I. of this Act.

(2.) Provided that the Commissioners may, if they think fit, dis¬
pense with or modify those regulations with respect to any such
preparation.

Sykes'8 Hydrometer .

134. All spirits shall be deemed to be of the strength denoted Strength of
by Sykes’s hydrometer as ascertained by any officer or any officer of JJSS^Sedb
Customs in accordance with the table lodged with the Commis- Sykes's hydro-
sioners, and entitled a table of the strength of spirits denoted by meter.
Sykes’s hydrometer.

Scales , Weights , Measures, Lodes , and Fastenings .

135. (1.) Every Excise trader must provide sufficient and just Excise traders
scales and weights, and a set of standard measures for the purpose

of weighing, measuring, and taking an account of the spirits, goods, L^me^wes!’
and commodities in his warehouse, stock, or possession, and of any

[thb LAW REPORTS.] M

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178

Locks and
fastenings.

Power of entry
and examina¬
tion by officers.

Ch. 24. Spirits Act , 1880. 43 & 44 Vict #

casks or vessels used for the purpose of containing any such spirits,
goods, or commodities.

(2.) The weights and measures must be of the prescribed deno¬
minations.

(3.) The Excise trader must maintain and keep the scales, weights,
and measures in such proper and convenient place in his distillery,
warehouse, or other premises as the proper officer approves, and so
that the same shall be at all times ready for the use of officers.

(4.) The Excise trader must permit any officer to use the scales,
weights, and measures for the purpose aforesaid, and must, with his
servants and workmen, whenever required by any officer, weigh or
measure, and assist him in weighing or measuring, as he requires,
and in taking account of any such spirits, goods, or commodities as
aforesaid.

(5.) For any refusal or neglect on the part of an Excise trader
to comply with any of the foregoing provisions of this section he
shall incur a fine of one hundred pounds.

(6.) If any Excise trader provides or uses or permits to be used
any false, unjust, or insufficient scales or weight or measure, or
practises any device or contrivance by which any officer may be
prevented from, or hindered or deceived in taking the just and
true quantity, weight, or measure of any spirits, goods, or com¬
modities, or of any casks or vessels, he shall incur a fine of two
hundred pounds, and any such scales, weights, and measures shall
be forfeited.

136 . (1.) Where any warehouse, room, place, vessel, utensil, or
fitting belonging to any Excise trader is by this Act directed to be
secured or locked, the Excise trader must to the satisfaction of
the proper officer, provide, affix, repair, and renew all fastenings
requisite for the purpose of enabling officers to affix locks thereto,
or otherwise to secure the same.

(2.) If the Excise trader fails so to do the proper officer may pro¬
vide, affix, repair, or renew the fastenings, and the expense thereof
shall be paid on demand by the Excise trader.

(3.) If the Excise trader fails on demand to pay the expense he
shall incur a fine of one hundred pounds.

(4.) All requisite locks or keys shall be provided by the Com¬
missioners, at the expense of the revenue.

(5.) If any Excise trader, or his servant or workman, wilfully
destroys or damages any such fastening, or any lock or key be¬
longing thereto, or any lock label, or opens or removes any lock,
fastening, or lock label, or improperly obtains access into any
warehouse, room, place, vessel, utensil, or fitting, or has any fastening,
vessel, utensil, or fitting so constructed that the security intended
to be obtained by any lock or fastening may be defeated, the Excise
trader shall incur a fine of five hundred pounds.

Powers of Officers.

137 . (1.) An officer may, at any time, either by day or by night,
enter any part of the premises of, or house or place whatsoever
belonging to or made use of by, a distiller or rectifier, and search
for, examine, gauge, and take an account of any still or other vessel

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179

1880. Spii'ite Act, 1880. Ch. 24.

or utensil therein, and also any spirits or materials for the
manufacture of spirits therein.

(2.) If an officer, after having demanded admission into the
premises of a distiller or rectifier and declared his name and
business at any entrance or window thereof, is not immediately
admitted, the officer, and any person acting in his aid, may at any
time, either by day or by night (but at night only in presence of an
officer of the peace), break open any door or window of the premises,
or break through any wall thereof, for the purpose of obtaining
admission, and the distiller or rectifier shall incur a fine of two
hundred pounds.

138. Every distiller or rectifier must, on demand by an officer, Supp'y of
made on the premises, either by day or by night, and for the pur- and
pose of enabling him to search for, examine, gauge, or take an
account of any vessel, utensil, spirits, or materials therein, provide
ladders of sufficient length and strength, and place them firmly

and conveniently, and supply sufficient lights and aid.

If a distiller or rectifier contravenes this section, he shall for each
offence incur a fine of one hundred pounds.

139. Any officer, or person acting in his aid, may, either by day Power to
or by night, for the purpose of searching for any pipe, cock, con-
veyance, or utensil, break up the ground in or adjoining or near

the premises of a distiller or rectifier, or any wall or partition of his
premises or any other place, and may, on finding any pipe or con¬
veyance leading to or from the premises, break up or break any
ground, house, wall, or other place through or into which the pipe
or conveyance leads, and may break up or cut away any such pipe
or conveyance, and turn any such cock, and examine whether any
such pipe or conveyance conveys or conceals any spirits or any liquor
used in the manufacture of spirits, so as to prevent a true account
thereof from being taken.

If any damage is done in the search and such search is unsuc¬
cessful the damage shall be made good.

140. (1.) If any officer or any officer of Customs makes oath that Power to enter

there is good cause to suspect that any still, vessel, utensil, spirits “A 8 *®?? 11 fo *
or materials for the manufacture of spirits is or are unlawfully m

kept or deposited in any house or place, and states the grounds of
suspicion, any justice may, if he thinks fit, issue a warrant autho¬
rizing the officer and any person whom he calls to his assistance

to search the house or place; and a like warrant may be issued
by any two of the Commissioners in case the house or place is
situate within the limits of the chief office of Inland Revenue.

(2.) Any person so authorized may, either by day or by night,
but at night only in the presence of an officer of the peace, break
open and forcibly enter any such house or place, and seize any still,
vessel, utensil, spirits, or materials for the manufacture of spirits
found therein, and either detain the same or remove them to a
place of safe custody.

(3.) Every still, vessel, or utensil, and all spirits and materials so
seized shall be absolutely, forfeited, and the owner of any such still,
vessel, or utensil, or the person in whose custody the same is found,
shall, for every place in which the same is found, and also for every
such still, vessel, or utensil incur a fine of two hundred pounds.

M 2

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180

Power to enter
premises of
dealer or
retailer and
examine and
take samples.

Distillers, &c.
to assist in
taking account.

Power to
require water
to be drawn off
from worm tub.

Unlawful
removal of
malt, wort, or
wash.

Arrest of and
penalties on
persons un¬
lawfully
removing
spirits.

Ch. 24. Spirits Act , 1880. 43 & 44 Vict.

(4.) If any damage is done by such forcible entry, and the search
is unsuccessful, the damage shall be made good.

(5.) An officer may seize any such still, vessel, utensil, spirits, or
materials without a warrant.

141 . An officer may at any time enter the premises of a dealer
or retailer and inspect and examine the spirits in his stock or
possession, and take samples of any such spirits, paying for any
sample so taken the usual price thereof.

142 . Every distiller, rectifier, dealer, and retailer must, when
required by an officer, assist him by a sufficient number of servants
in taking account of his stock, and shall for any neglect or refusal
so to assist incur a fine of fifty pounds.

143 . (1.) An officer may require a distiller at any time when his
still is not at work, to cause the water in any worm tub in his
distillery to be drawn off, and the tub and worm to be cleansed.

(2.) In such case the water must be kept out of the worm tub for
two hours, or until the officer has finished his examination of it,
whichever first happens.

(3.) If a distiller fails to comply with any requirement under this
section he shall incur a fine of two hundred pounds, and the officer
may draw off the water or any portion of it, and keep it drawn off
as long as he thinks necessary.

General Offences .

144 . (1.) If any person removes any wort, wash, low wines,
feints, or spirits from the premises of a distiller, contrary to the pro¬
visions of this Act, or knowingly buys or receives any wort, wash,
low wines, feints, or spirits so removed from the premises of a
distiller, he shall incur a fine of one hundred pounds.

(2.) In default of payment of the fine on summary conviction the
offender shall be imprisoned with or without hard labour. The term
of imprisonment in Scotland or Ireland shall be not less than two
months nor more than six months.

(3.) All such wort, wash, low wines, feints, or spirits so removed
shall be forfeited.

(4.) Any officer may arrest any person found committing an
offence against this section.

146 . (1.) Any officer or any officer of Customs, and any officer of
the peace having a commission from the Commissioners, may stop
and detain any person found carrying or removing any spirits, and
may examine the spirits and require the production of a permit or
certificate authorising the removal thereof.

(2.) If a permit or certificate is produced agreeing with the spirits
in all respeets the officer may endorse thereon the time and place of
his examination thereof.

(3.) If any person is found carrying or removing any spirits ex¬
ceeding the quantity of one gallon of the same denomination for the
same person and does not, on request by any such officer, forthwith
produce a permit or certificate authorizing the removal of the spirits,
he shall incur a fine of one hundred pounds, and the spirits shall be
forfeited.

(4.) The sum to which the fine may be mitigated in Scotland or
Ireland shall not be less than ten pounds.

Digitized by LjOOQle

1880.

181

Spirits Act , 1880. Ch. 24.

(5.) In default of payment of the fine on summary conviction the
offender shall be imprisoned with or without hard labour. The term
of imprisonment in Scotland or Ireland shall be not less than one
month nor more than six months.

(6.) Any officer may arrest any person found committing an
offence against this section.

146. (1.) If any person hawks, sells, or exposes to sale any spirits
otherwise than in premises for which he is licensed to sell spirits he
shall incur a fine of one hundred pounds, and the spirits shall be
forfeited.

(2.) The sum to which the fine may be mitigated in Scotland
shall not be less than twenty-five pounds, or, in Ireland, shall not
be less than six pounds.

(3.) In default of payment of the fine on summary conviction
the offender shall be imprisoned with or without hard labour.
The term of imprisonment in Scotland or Ireland shall be not
less than two months nor more than three months.

(4.) Any person may arrest a person found committing an offence
against this section.

147. If any person knowingly sells or delivers, or causes to be
sold or delivered, any spirits to the end that they may be un¬
lawfully retailed or consumed or carried into consumption, he shall,
in addition to any other penalty, incur a fine of one hundred
pounds.

148. If any person receives, buys, or procures any spirits from
a person not having authority to sell or deliver the same, he shall
incur a fine of one hundred pounds.

149. If any person knowingly buys or receives, or has in his
possession any spirits after they liave been removed from the place
where they ought to have been charged with duty and before the
duty payable thereon has been charged and paid or secured to be
paid or the spirits have been condemned as forfeited, he shall forfeit
the spirits and incur a fine equal to treble the value of the spirits.

160. A person shall incur a fine of five hundred pounds if he
commits any of the following offences:

(a.) Assaults an officer acting under this Act, or any person acting
in his aid.

(6.) Assaults any person who has discovered or given, or is about
to discover or give information or evidence against, or
has seized, or is bringing to justice, any offender against
this Act.

(c.) Assaults any person who has seized or is about to seize or
examine any goods as forfeited under this Act.

(d.) Forcibly opposes the execution of any of the powers given.

(e.) Being armed with an offensive weapon, or in a violent
manner, rescues any offender arrested or goods seized
under this Act, or prevents the arrest of any such offender
or seizure of any such goods, or offers or threatens to
oppose the execution of any of the powers given by this
Act.

15L Every person shall incur a fine of five hundred pounds who,
in or with reference to any matter under the laws of excise relating
to the duties on spirits,

Unlawful
hawking and
sale of spirits.

Sale of spirits
for unlawful
purposes.

Unlawful
purchase of
spirits.

Penalty for
possession of
spirits on
which duty has
not been paid.

Forcibly
opposing
execution of
Act.

Misconduct of
and collusion
with officers

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43 & 44 Vict

Obstruction of
officers.

Neglect of duty
by officer of
the peace.

Provisions as
to forfeiture.

Discharge and
reward of
informers

Ch. 24. Spirits Act , 1880.

(a.) Not being authorised so to do, gives or promises to give,
directly or indirectly, any reward to an officer or a person
employed by the Commissioners, in respect of the per¬
formance or non-performance by any such officer or person
of his duty or employment; or

(6.) Agrees with or proposes to any such officer or person to do or
permit to be done anything in contravention or evasion of
this Act, or of his duty ; or

(c.) Being an officer or a person employed by the Commissioners—

(i) demands or receives, except from or through the
Commissioners, any reward in respect of the per¬
formance or non-performance of his duty or employ¬
ment, or

(ii) by any wilful act, neglect, or default does, or per¬
mits, or agrees to do or permit anything in contra¬
vention or evasion of this Act or of his duty.

If any such officer or person is convicted of either of these
offences he shall be thereafter disqualified from serving
Her Majesty in any office or employment.

152 . If any person by himself or by any person in his employ¬
ment obstructs, hinders, or molests an officer or an officer of Customs
in the execution of his duty, or any person acting in the aid of
any such officer, he shall incur a fine of two hundred pounds, and if
the offender is a distiller the Commissioners may, upon his con¬
viction, suspend or revoke his licence.

153 . If any officer of the peace wilfully refuses or neglects to aid
in the execution of this Act he shall, on summary conviction, incur
a fine of twenty pounds.

154 . (1.) Where any spirits or goods are forfeited under this Act
they may be seized by an officer or an officer of Customs.

(2.) Where any spirits or materials for making spirits are forfeited
under this Act, all casks or other utensils containing the same shall
also be forfeited.

(3.) Where any spirits are forfeited by an Excise trader, the Com¬
missioners may, if they think fit, take from his stock, instead of the
spirits forfeited, the same quantity of any other spirits.

Informers .

155 . (1.) On the commission of any offence against this Act, the
offender who, before any information is lodged against him in
respect of the offence, first discovers and informs against any other
offender, shall, on the conviction of the person against whom the
information is given, be discharged and acquitted from all penalties
or disqualification to which at the time of giving the information he
may be liable by reason of the offence committed by him.

(2.) When, on the conviction of any person for an offence against
this Act, the pecuniary penalty imposed for the offence is not paid
and cannot be levied, or the person incurring the penalty is sent
to prison in default of payment, the Commissioners may cause such
reward as they think fit, not exceeding in each case fifty pounds, to
be paid in such shares and proportions as they think fit to the
persons who appear to the Commissioners to be entitled thereto as
informers.

Digitized by LjOOQle

1880.

Ch. 24.

183

Spirits Act, 1880.

Procedure .

156. Any fine for any offence against this Act may be sued for Recovery of
and recovered, and any goods, chattels, or commodities forfeited under fines *
this Act may be returned for condemnation and condemned in the
manner provided by law for the recovery of fines or penalties and
for the condemnation’ of goods forfeited under any Act or Acts for
the time being in force relating to the revenue of Excise or Customs.

Forms and Schedules.

157. (1.) The several entries, notices, declarations, books, accounts,
and returns under this Act shall be in the prescribed form.

(2.) But in any proceeding for an offence against this Act against
an Excise trader any notice given or declaration made by him or
on his behalf shall be valid as against him, notwithstanding any
imperfection or defect in the form thereof, or in the giving, making,
or service thereof.

158. AH permits, certificates, forms of requisition, and other
documents under this Act shall, subject to the provisions of this
Act, be granted, obtained, and used, under and in accordance with
the provisions of any Acts of Parliament regulating the granting
and using of permits and certificates, and the provisions of those
Acts with respect to permits, certificates, and other similar docu¬
ments granted, obtained, or used thereunder, shall apply to permits,
certificates, and other similar documents granted, obtained, or used
under this Act, and to the persons granting, obtaining, or using
them.

159. The Commissioners and the Commissioners of Customs
respectively shall prescribe such regulations as they may from time
to time think necessary for carrying into execution the provisions
of this Act.

160. The Schedules shall be construed and have effect as part of
this Act.

161. Where any enactment or document refers to any Act or
enactment repealed by this Act, it shall be construed as referring to
this Act, or to the corresponding enactment of this Act.

Savings and Repeal .

Forms of
notices, and
documents.

Application of
previous Acts
to permits, &c.
under this Act.

Regulations to
be prescribed.

Effect of
Schedules.

Construction of
Acts, &c.
referring to
repealed
enactments.

162. (1.) The sections of this Act which prohibit the use of a Saving with
distillery within a quarter of a mile from the premises of a rectifier re ®!*?* 10
and the use of rectifier’s premises within a quarter of a mile of a enteredon
distillery shall not apply to any premises which on the fifth day 5th April 1825.
of April one thousand eight hundred and twenty-five were entered
and used by a distiller or rectifier if those premises have been so
entered and used continuously since, and so long as they continue
to be so entered and used, provided that there is not between the
premises of the distiller and those of the rectifier any communi¬
cation by which wort, wash, or spirits may be removed from the
one to the other except an open public street or carriage road.

(2.) Nothing in this Act shall prevent the use by a distiller or
rectifier, under and in accordance with a special licence granted by
the Commissioners of the Treasury, of any premises which on the
fifth day of Apiil one thousand eight hundred and twenty-ffr^

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184

43 & 44 Vicrv

Ch. 24. Spirits Act , 1880.

were entered and used by a distiller or reetifier, and which have
continued to be so entered and used up to the commencement of
this Act until the expiration or revocation of such licence.

163 . Nothing in this Act shall prevent the Commissioners from,
permitting any distiller or rectifier formerly working under any
Act in force before the twenty-eighth day of August one thousand
eight hundred and sixty, and having worked continually since, to
keep or use such of the vessels or casks then fixed or used on his
premises as are, in the judgment of the Commissioners, secure and
adapted to the purposes for which they are required under this
Act.

164 . The enactments specified in the Fifth Schedule are hereby
repealed, from and after the commencement of this Act, to the
extent specified in the third column of that Schedule.

Provided that all existing bonds and securities given under or
in pursuance of any enactment hereby repealed shall have the
same force and effect as if they had been given under or in pur¬
suance of this Act, and this repeal shall not affect—

(a.) anything done or suffered before the commencement of this
Act under any enactment repealed by this Act; nor
(6.) any right or privilege acquired, or duty or liability imposed
or incurred under any enactment so repealed; nor
(c.) any fine, forfeiture, or other punishment incurred or to be
incurred in respect of any offence committed before the
commencement of this Act against any enactment so
repealed; nor

(cZ.) the institution or prosecution to its termination of any legal
proceeding or other remedy for ascertaining any such
liability, or enforcing, or recovering any such fine, for¬
feiture, or punishment as aforesaid.

SCHEDULES.

FIRST SCHEDULE.

Rules as to Vessels and Utensils.

First Part.

Vessels to be erected before making Entry by a Distiller.

The following vessels must be erected after the distiller’s licence has been obtained,
and before entry of a still is made, and must thereafter be kept during the continuance
of the distiller’s licence :—

a. If the still is of such kind that the produce of the wash on the first distillation is
spirits and feints,—

1 wash charger.

1 feints receiver.

1 spirit receiver.

b. If the still is of such kind that the produce of the wash on the first distillation is
low wine8, then, in addition,—

1 low wines receiver.

1 low wines and feints charger.

Saving for
articles in use
before 28th
August 1860.

Repeal of Acts
in Schedule.

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1880.

Spirits Act , 1880.

Cfl. 24.

185

Second Part.

Maximum Number op Vessels in Distillery.

There must not be kept in any distillery any vessel of the description herein-after
mentioned in excess of the number herein-after specified in that behalf.

1 wash charger.

1 spirit receiver.

2 feints receivers.

2 low wines receivers.

2 low wines and feint chargers.

In connexion with each charger, one intermediate still charger.

But a distiller may keep two spirit receivers, if he affixes to each of them, to the
satisfaction of the Commissioners, an apparatus for preventing the supply cock and the
discharge cock being both open at the same time, and for registering the number of times
each cock has been opened.

Third Part.

Construction and Connexion op Vessels in Distillery.

Fermenting Back .

1. There must be fixed in every fermenting back, to the satisfaction of the proper
officer, a discharge cock or plug and plug-hole, through which the wash in the back
may be conveyed by a main pipe or open trough into the jack back or wash charger.

2. This pipe or trough must be so placed and fixed that all wash or liquor put therein
be forthwith discharged into the jack back or wash charger, and not elsewhere.

3. There may be placed in a fermenting back a close metal pipe for conveying
through the back hot or cold air or water to promote or retard the fermentation (5*
the wort or wash, but this pipe must not open into the back.

4. Except as aforesaid, and except the pipe for conveying wort into the fermenting
back from the coolers, and a sewer cock or plug for carrying off the water wherewith
the back is cleansed, there must not be any pipe or conveyance entering into or passing
out of the back.

Wash Charger .

5. The wash charger must be of capacity not less than half that of the largest fer¬
menting back.

6. It must be connected with the fermenting backs by one close metal pipe, with one
end fixed into the pump placed in the jack back, or if a jack back is not used, into the
pipe cr trough communicating with the fermenting backs, and the other end into the wash
charger.

7. It must be connected with the wash stills by one close metal pipe, with a branch
to each still, or to the intermediate still chargers.

8. It may be connected with the feints receiver by means of a close pump or metal
pipe.

9. There must be a cock on each of these connecting pipes.

Low Wines Receiver .

10. A low wines receiver must be connected with the safe at the end of the worm of
the wash still by one close metal pipe, attached to and leading directly from the safe in
such manner that all low wines running from the safe into the pipe shall immediately
be discharged into the receiver, and must have fixed in it a pump or discharge cock for
the conveyance of low wines into the low wines and feints charger.

Feints Receiver .

11. A feints receiver must be connected with the safe at the end of the worm of the
still by one close metal pipe attached to and leading directly from the safe, in such
manner that all feints running from the safe into the pipe shall immediately be dis-

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186

Ch. 24.

43 & 44 Yicrr.

Spirits Act , 1880.

charged into the receiver, and must have fixed in it a pump or discharge cock for
the conveyance of feints into the low wines and feints charger, or wash charger, or inter¬
mediate still charger.

Low Wines and Feints Charger .

12. A low wines and feints charger must be connected with the still by a dose metal
pipe with a cock thereon, one end of the pipe being fixed into the bottom of the charger,
and the other attached to the pump or to the still, and the charger must be connected
with the low wines receiver and feints receiver by close metal pipes, whereof one end
must be fixed into the charger, and the othfer end attached to the pump or discharge cock
fixed in each receiver.

Spirit Receiver.

13. A spirit receiver must be connected with the safe at the end of the worm of the
still by one close metal pipe attached to and leading directly from the safe in such manner
that all spirits running from the safe into the pipe shall immediately be discharged into the
receiver.

14. There must be fixed in it either a pump or a proper discharge cock for drawing
off the spirits from it, and conveying the same through one close metal pipe into the
entered cask or vat in the spirit store.

Spent Lees Receiver .

15. A spent lees receiver must be connected with the low wines still by one close metal
pipe with a cock’ thereon fixed into the receiver, and attached to and leading directly
from the discharge cock of the still. In the bottom of the receiver there must be a
discharge hole with a secure internal plug. At not more than one-third of its depth
from the top there must be an opening covered and secured by a metal plate perforated
with holes of not more than four-tenths of an inch in diameter.

Intermediate Still Charger.

16. An intermediate still charger must have one fixed pipe with a cock thereon leading
from the wash charger or low wines and feints charger, one fixed discharge pipe with a
cock thereon leading to the still, and may have one pipe with a cock thereon leading
from the feints receiver, and one pipe leading from the water cistern.

Store Casks or Vats.

17. Every store cask or vat must be a close covered vessel, and must be secured with
fastenings to the satisfaction of the proper officer.

General.

18. Every wash charger, low wines receiver, feints receiver, low wines and feints
charger, spirit receiver, spent lees receiver, and intermediate still charger, must be &
close covered vessel, and, except as above specified, must not have any opening, or com¬
munication with any other vessel or utensil.

Fourth Part.

Construction and Fittings of Still.

1. In every still there must be an opening to enable an officer to take gauges and
samples. This opening must be not less than two inches in diameter, and must be so
contrived that the officer may take samples from the still with a phial drawn perpen¬
dicularly through it.

2. Proper fastenings must be provided for locking and securing this opening, and for
securing the head of the still, the furnace door thereof, and any cock or valve on any pipe
conveying steam into or about the still.

3. A still and its worm may have an air valve or conductor approved by the Commis¬
sioners.

Digitized by LjOOQle

Ch. 24.

1880.

Spil'its Act , 1880.

187

4. The end of the worm must be enclosed and secured in a safe in the prescribed
manner.

5. There must be fixed to every still a discharge cock not more than than three feet
distant from the body of the still, and firmly attached to the still by a close metal pipe.
This discharge cock must be so placed as to be easily accessible to the officer.

6. If there is not a spent lees receiver, the discharge cock on a low wines still
must be kept securely locked by the officer, except when opened by him on reasonable
notice given by the distiller. Such notice must not be given more than once in six hours.

7. Except as permitted or required by this Act, there must be no pipe leading directly
or indirectly to or from a still, and no opening into or out of a still or the worm of a still.

Fifth Past.

Spirit Receivers.

1. Every spirit receiver must be made, placed, and fixed to the satisfaction of the Com¬
missioners.

2. It must be of a depth sufficient to admit of the gauge of spirits being taken of the
depth of fifteen inches at least at the dipping hole.

3. It must be so filled with spirits that at the time of gauging it for the purpose
of charging duty the depth of spirits is not less than fifteen inches.

4. But where a spirit receiver was in use in a distillery before the 10th of October
1853, the Commissioners may allow its use, though the spirits distilled are insufficient to
fill it to the depth of fifteen inches, and that where the depth of spirits in a spirit receiver
is less than fifteen inches the charge of spirits therein shall be made according to the
gauge indicated by the next tenth of an inch above the actual depth, and in respect of
this excess in gauge the* distiller shall be allowed a deduction of one half of a gallon in
every hundred gallons charged.

5. Every distiller must, if so required by the Commissioners, erect and apply, at his
own expense, any apparatus or machine which the Commissioners think proper for pre¬
venting the supply cock and the discharge cock of the spirit receiver being both open
at the same time, and for registering the number of times each cock has been opened*

Sixth Part.

Pipes, Cocks, and Valves.

1. Every pipe used by the distiller must, unless used exclusively for the discharge of
water and spent wash, be so fixed and placed as to be capable of being examined for the
whole of its length.

2. The pipes must be painted and kept painted as follows :—

If for the conveyance of—

Wort or wash ------ - red.

Low wines or feints ------ blue.

Spirits ------- black.

Water - - - - - - - - white.

3. Every cock and valve kept or used by the distiller must be constructed in the
prescribed or approved manner.

Seventh Part.

Dipping Holes.

1. At or near the top of every entered cask or vat for storing or keeping spirits on the
premises of a distiller, there must a dipping hole at which an officer may conveniently
take his dip or gauge of the contents of the vessel.

2. A metal plate must be fixed at the dipping hole to secure it from being worn or
altered.

3. Every charger and receiver must have a sufficient cover with a dipping hole cut
in it of the prescribed form and size.

Digitized by LjOOQle

188

Ch. 24.

43 & 44 Vicr.

SpiritIs Act , 1880.

4. If the Commissioners so direct, there must be two or more dipping holes in the
cover of any spirit receiver or store cask or vat used in a distillery, at such places in the
cover as they direct.

5. Each dipping hole in a spirit receiver, low wines or feints receiver or charger, store
cask, or vat, must be secured and kept secured to the satisfaction of the officer.

6. No alteration must be made in the dipping hole or level of any vessel or utensil.

Eighth Part.

Provision and Situation of Articles required or allowed.

1. Every distiller must, at his own expense, and to the satisfaction of the Commis¬
sioners, provide, place, affix, and maintain each utensil and fitting allowed or required by
this Act.

2. Every distiller must, to the satisfaction of the Commissioners, place and keep each
vessel and utensil on his premises in a convenient situation, and so as to be easy of access
to the officer.

Ninth Part.

Casks.

Every distiller must legibly cut, brand, or paint with oil colour on the outside of both
the ends of every moveable cask used in his premises for keeping or delivering spirits, and
keep so cut, branded, or painted, his name, the name of the place where his stock is
kept, and the number of gallons which the cask is capable of containing, and, if that
number is less than eighty, the quarter or quarters of a gallon of capacity above the
number of entire gallons.

Tenth Part.

Marking Utensils and Rooms.

1. Every distiller must cause to be legibly painted with oil colour, and must keep so
painted, on some conspicuous part of every vessel or utensil intended to be used by him
in his business, and of the outside of the door of every room and place wherein any part
of his business is to be carried on or any spirits are to be kept, the name of the vessel,
utensil, room, or place, according to the purpose for which it is intended.

2. Where more than one vessel, utensil, room, or place is used for the same purpose
all such vessels, utensils, rooms, or places must be marked by progressive numbers.

Eleventh Part.

Course of Wash, Low Wines, Feints, and Spirits.

1. All wash must be fermented in the fermenting backs, and thence conveyed directly
into the wash charger, and thence into the still for distillation.

2. All low wines, feints, and spirits running from the worm of the still must run
thence directly into the safe at the end of the worm.

3. All low wines must be conveyed directly from the safe into the low wines receiver,
and thence directly into the low wines and feints charger, and thence directly into the
low wines still for re-distillation.

4. All spirits must be conveyed directly from the safe into the feints receiver or spirit
receiver.

5. All spirits conveyed into the feints receiver must be conveyed thence directly into
the low wines and feints charger or wash charger or intermediate still charger, and thence
directly into the still for re-distillation.

6. No spirits conveyed into the spirit receiver may be re-distilled or may be removed
therefrom except into the distiller’s spirit store.

7. All spirits distilled in the distillery must, after the officer has taken an account of
their quantity and strength, be forthwith conveyed through a close metal pipe from the
spirit receiver into the store cask or vat in the spirit store.

8. Except after notice to, or in the presence of, an officer, access may not be had to
the end of the worm of any still, or to any low wines, feints, or spirits, from the time of
the extraction or distillation thereof in the still until they are taken account of by the
officer in the proper receiver, or to any spirits in a store cask or vat.

Digitized by LjOOQle

1880.

Spirits Act, 1880.

Ch. 24.

189

SECOND SCHEDULE.

Table A.

Table to be used in determining the original Specific Gravity of Wort or

Wash.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

Degrees

Spirit

Indication.

Degrees
of original
Specific
Gravity.

•3

4*1

15*5

8*1

34*3

12*1

54*9

•2

•6 |

4*2

16*0

8*2

34*8 i

12*2

55*4

4*3

16-4

8*3

35-4

12*3

55-9

1*2

4*4 ,

16-8

8*4

35*9

12*4

56*4

1*5

4*5

17-3

8*5

36*5

12*5

56*9

1*8

4*6

17*7

8*6

37*0

12*6

57*4

2*1

4*7

18-2

8*7

37-5

12*7

57*9

•8

2*4

4*8

18*6

8*8

38 0 !

12*8

58*4

•9

2*7

4*9

19*1

8*9

38-6

12*9

68-9

1-0

3*0

5*0

19*5

9*0

39'1

13*0

59*4

1*1

3*3

5*1

19-9

9*1

39*7

13*1

60*0

1-2

3*7

5*2

20*4

9*2

40*2

13-2

60*5

1-3

4*1

5*3

20-9

9*3

40*7

13*3

61*1

1-4

4*4

5*4

21*3

9*4

41*2

13-4

61*6

1*5

4*8

5*5

21-8

9*5

41*7

13*5

62-2

1*6

5*1

5*6

22*2

9*6

42*2

13-6

62*7

1*7

5*5

5*7

22*7

9*7

42*7

13*7

63*3

1-8

5*9

5*8

23*1

9*8

43*2

13*8

63*8

1-9

6*2

5*9

23*6

9*9

43*7

13*9

64*3

2*0

6*6

6*0

24*1

10*0

44*2

14*0

64*8

2-1

7*0

6*1

24*6

10*1

44*7

14*1

65*4

2*2

7*4

6*2

25*0

10*2

45*1

14*2

65*9

2*3

7*8

6*3

25*5

10*3

45*6

14*3

66*5

2-4

8*2

6*4

26*0

10*4

46*0

14*4

67*1

2*5

8*6

6*5

26*4

10*5

46*5

14*5

67*6

2*6

9*0

6*6

26*9

10*6

47*0

14*6

68*2

2-7

9*4

6*7

27*4

10*7

47*5

14*7

68*7

2*8

9*8

6*8

27*8

10*8

48*0

14*8

69*3

2-9

10*2

6*9

28*3

10*9

48*5

14*9

69*9

3*0

10*7

7-0

28*8

11*0

49*0

15*0

70*5

3*1

11*1

7*1

29*2

11*1

49*6

15*1

71*1

3*2

11*5

7*2

29*7

11*2

50*1

15*2

71*7

3*3

12*0

7*3

30*2

11*3

50*6

15*3

72*3

3*4

12*4

7*4

30*7

11*4

51*2

15*4

72*9

3*5

12*9

7*5

31*2

11*5

51*7

15*5

7o*5

3*6

13*3

7*6

31*7

11*6

52*2

15*6

74*1

3*7

13*8

7*7

32*2

11*7

52*7

15*7

74*7

3*8

14*2

7-8

32*7

11*8

53*3

15*8

75*3

3*9

14*7

7*9

33*2

11*9

53*8

15*9

75*9

4*0

15*1

8*0

33*7

12*0

54*3

16*0

76*5

Digitized by

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190

Ch. 24.

Spirits Act, 1880.

43 & 44 Vicr.

Table B.

Table for determining the Weight per Gallon of Spirits by Sykes’s

Hydrometer.

1. Spirits which on Sykes’s hydrometer indicate a number in column A. must be taken
to be of the weight per gallon in pounds and decimal parts of a pound of spirits
indicated by the corresponding number in column B.

, 2. To ascertain the quantity of spirits in cask their net weight must be divided by
the number which in column B indicates their weight per gallon, and the product will
be the quantity of the spirits in gallons and decimal parts of a gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

ColamnBw
Weight
per Gallon.

8*154

8*289

8*426

8*565

8*157

8*292

8*429

8*568

8*161

8*296

8*433

8*572

8*164

8*299

8*436

8*575

8*168

8*303

8*440

8-579

8*171

8*306

8*443

8*582

8*174

8*309

8-446

8*586

8*178

8-313

8-460

8*589

8*181

8*316

8-453

8*593

8*185

8*320

8-457

8*596

8*188

8-323

8*460

8*600

8*191

8*326

8-464

8*603

8*195

8*330

8*467

8*607

8*198

8*333

8-471

8*610

8*202

8*337

8-474

8*614

8*205

8*340

8-478

8*617

8*208

8*343

8-481

8*620

8*212

8*347

8*485

8*624

8*215

8*350

8*488

8*628

8*219

8*354

8*492

8*631

8*222

8*357

8*495

8*635

8*225

8*361

8*498

8*639

8*229

8*364

8*502

8*642

8*232

8*368

8*505

8*646

8*236

8*371

8*509

8*649

8*239

8*375

8*512

8*653

8*242

8*378

8*516

8*656

8*245

8*382

8*519

8*660

8*249

8*385

8*523

8*663

8*252

8*389

8*526

8*667

8*255

8*392

8*530

8*670

8*258

8*395

8*533

8*674

8*262

8*399

8*537

8*677

8*265

8*402

8*540

8*681

8*269

8*406

8*544

8*684

8*272

8*409

8*547

8*688

8*275

8*412

8*551

8*692

8*279

8*416

8*554

8*695

8*282

8*419

8*558

8*699

8*286

8*423

8*561

8*702

Digitized by LjOOQle

1880.

Spirits Act, 1880.

Ch. 24.

191

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

8*706

8*903

9*106

9*313

8*709

8-907

9*110

9*317

8*713

8*911

9*114

9*321

8*716

8*914

9*117

9*324

8*720

8*918

9*121

9-328

8*723

8*922

9*125

9-332

8*727

8*926

9*129

9*336

8-730

. 8*929

9*132

9*340

8*734

r 8*933

9*136

9*344

8*737

8*936

9*139

9-348

8*741

8*940

9*143

9-352

8*745

8-944

9*147

9*356

8*748

8-947

9*151

9-360

8*752

8-951

9*154

9*363

8*755

8-954

9*158

9*367

8-759

8-958

9-162

9-371

8*763

8-962

9*166

9*375

8*766

8-965

9-170

9-379

8*770

8-969

9*173

9*382

8*773

8-972

9*177

9*386

8*777

8-976

9*181

9*390

8*78L

8-980

9*185

9*394

8*784

. 8*984

9-189

9*398

8*788

8-987

9*192

9-401

8*791

8*991

9-196

9-405

8*795

8*995

9*200

9*409

8*799

8*999

9*204

9*413

8*802

9*002

9*207

9*417

. 8‘806

9*006

9*211

9*420

8*809

9*009

9*214

9*424

8*813

9*013

9*218

9*428

8*817

9*017

9*222

9*432

8*820

9*021

9*226

9*436

8*824

9*024

9*229

9*440

8*827

9*028

9*233

9*444

8*831

9*032

9*237

9*448

8*835

9*036

9*241

9*452

8*838

9*039

9*245

9*456

8*842

9*043

9*248

9*459

8*845

9*046

9*252

9*463

8*849

9*050

9*256

9*467

8*853

9*054

9*260

9*471

8-856

9*058

9*264

9*475

8-860

9*061

9*267

9*479

8*863

9*065

9*271

9*483

8-867

9*069

9*275

9*487

8-871

9*073

9*279

9*491

8-874

9*076

9*283

9*495

8-878

9*080

9*286

9*498

8-881

9*083

9*290

9*502

8*885

53 *

9*087

9*294

9*506

8*889

9*091

9*298

9*510

8*892

9*095

9*302

9*514

8-896

9*098

9-305

9*517

8*899

9*102

9*309

9*521

Digitized by

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192

Ch. 24.

Spirits Act, 1880.

43 & 44 Vice.

Column A.
Indication
on Sykes’s
Hydrometer

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

Column A.
Indication
on Sykes’s
Hydrometer.

Column B.

Weight
per Gallon.

9*525

9*643

9*761

9-880

9-529

9-647

9-765

9*884

9*533

9*651

9-769

9888

9-537

9*655

9*773

9-892

9-541

9*659

9*777

9*896

9-545 1

9-663

9*781

9-900

9-549

9-667

9*785

9-904

9*553

9-671

9*789

9*908

9*557

9*674

9-792

9-913

9-561

9-678

9*796

9-917

9*565

9-682

9*800

9-921

9*569

9-686

9-804

9-925

9-573

9*690 ;

9*808

9-929

9-576

9*694

9*812

9*934

9-580

9*698

9-816

9-938

9-584

| 85

9*702 !

9*820

9*942

! 9*588

9*706

9*824

| 9-946

9-592

1 4

9*710

9-828

9*950

9*596

1 6

9*714 |

9*832

9-955

9-600

! 8

9*718

9*836

9*959

9*604

i 86

9-722

9*840

9*963

9-608

1 2

9-726 1

9-844

9-967

9-612

' 4

9-730

9-848

9*972

9*615 !

9-733

9*852

9*976

9-619

9-737

9*856

9-981

9*623 1

9-741

9*860

9*985

9-627 ;

9-745

9*864

9-989

9-631 1

9-749

9*868

9*994

9-635

9-753

9*872

9*998

9-639 ,

9-757

9*876

10 003

100

10-007

THIRD SCHEDULE.

Rules with respect to Rectifiers.

First Part .

1. A rectifier may not have any opening, fixed pipe, or conveyance leading to or from
a still used by him, except one charging pipe leading to the still, and the discharge cock
and the head of the still terminating in the worm.

2. A rectifier must permit the charge and discharge cock of every still used by him to
be secured by the officer, and kept so secured whilst the still is at work.

Second Part .

1. The discharge cock of every still used by a rectifier must be so placed that the
officer may have convenient access thereto, and for this purpose must be continued in a
straight line from the body of the still, and must not project more than three feet there¬
from.

2. A rectifier must, before beginning to draw off* spirits from a still, charge the
still with a quantity of liquor, in the proportion of not less than seven parts in ten of
the whole quantity which the still, including the head, is capable of containing, and
must keep the still so charged until he begins to draw off spirits therefrom.

3. Every still must be worked off within sixteen hours from the time of the officer’s
taking the gauge thereof.

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1880. Spirits Act , 1880. Ch. 24. 193

4. A rectifier must, as soon as his still has been worked off, remove the head there¬
from, unless it is permanently fixed to the body of the still, and the head so removed
must not be replaced until the still is again charged and ready to be worked.

5. A rectifier must not allow his still to be worked until the officer has examined the
quality of the spirits therein.

Third Part.

1. When a rectifier desires to have the furnace door or steam pipe of a still unlocked,
he must give the officer not less than twelve hours’ previous written notice, specifying the
still, and the day and hour when he wishes to have the door or pipe unlocked.

2. The officer shall attend at the time so specified, or within one hour thereafter.

3. The officer must not open the door or pipe until the still has been fully charged,
and until he has examined its contents and seen the head of the still put on and ready to
be locked down.

4. The officer shall not be bound to remain for this purpose more than one hour at any
one time, and if within one hour after his arrival the still is not charged, and its head
ready to be locked down, another notice shall be requisite.

5. Whenever any vessel, utensil, cock, pipe, pump, or other article on the premises of
a rectifier which is required by law to be locked and secured has to be opened for the
purpose of any cleaning, repair, or improvement, the officer shall, on receiving a written
request for that purpose, open the same, and keep it open whilst the work is in progress.
He must close every such vessel or article every evening as soon as the work is finished
for the day, but must attend to open it at six o’clock every morning until the work is
completed.

1Fourth Part .

Where the strength of any spirits forming part of the stock of a rectifier, by reason
of their being compounded with other substances, cannot be ascertained by Sykes’s
hydrometer, he must, on request by an officer, cause the true quantity and strength of
the spirits to be legibly marked on the outside of the cask or vessel containing the same,
and to be kept so marked until the spirits are removed therefrom.

FOURTH SCHEDULE.

Particulars to be specified in Request Note for Permit .

Quantity and strength of spirits for which the permit is required.

Casks or other vessels in which the spirits are contained.

From whom and whence the spirits are to be sent.

To whom and whither the spirits are to be sent.

Mode of conveyance.

Particulars to be specified in Certificate .

Quantify, denomination, and strength of spirits sent out or delivered.

Number of casks or packages in which the spirits are contained.

Day and hour of sending out or delivery.

From whom and whence sent or delivered.

To whom and whither sent or delivered.

Mode of conveyance.

Particulars to be entered in Stock Book.

On Receipt :—

Quantity, denomination, strength and gallons computed at proof of spirits received.

Date of receipt.

From whom and whence received.

On sending out or delivery :—

Quantity, denomination, strength and gallons computed at proof of spirits sent or
delivered.

Date of sending out or delivery.

To whom or whither sent or delivered.

[the law bbforts.] ^

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194

Ch. 24.

43 & 44 Vict.

Spirits Act, 1880.
FIFTH SCHEDULE.
Enactments Repealed.

Session and Chapter.

Title of Act.

Extent of Repeal.

10 Will. 3. c. 4.

j An Act to prohibit the excessive distilling of
spirits and low wines from corn, and against
the exporting of beer and ale, and to prevent
frauds on distillers.

Sections five and eight.

30 Geo. 3. c. 38.

4 Geo. 4. c. 94.

An Act for repealing the duties upon licences
for retailing wine and sweets and upon
licences for retailing distilled spirituous
liquors, and for granting other auties in
lieu thereof.

An Act to grant certain duties of Excise upon
spirits distilled from com or grain in Scot¬
land and Ireland, and upon licences for
stills for making such spirits; and to
provide for the better collecting and secur¬
ing such duties, and for the warehousing
of such spirits without payment of duty.

Section fifteen.

6 Geo. 4. c. 80. -

An Act to repeal the duties payable in respect
of spirits distilled in England, and of
licences for distilling, rectifying, or com¬
pounding such spirits, and for the sale of
spirits, and to impose other duties in lieu
thereof; and to provide other regulations
for the collection of the said duties, and for
the sale of spirits, and for the warehousing
of such spirits without payment of duty,
for exportation.

Section one hundred
and forty-five.

18 & 19 Vict. c. 38. -

An Act to allow spirit of wine to be used duty
free in the arts and manufactures of the
United Kingdom.

The whole Act, except
section three.

18 & 19 Vict. c. 94. -

An Act to impose increased rates of duty of
Excise on spirits distilled in the United
Kingdom, to allow malt, sugar, and molas¬
ses to be used duty free in the distilling of
spirits, in lieu of allowances and drawbacks
on such spirits, sugar, and molasses respec¬
tively ; and to amend the laws relating to
the auties of excise.

Section fourteen in
part, namely, the
words “ and all malt
“ to be used in the
“ distillery shall be
u ground by metal
“ rollers only.”

23 & 24 Vict. c. 114. -

An Act to reduce into one Act and to amend
the excise regulations relating to the dis¬
tilling, rectifying, and dealing in spirits.

The whole Act.

24 & 25 Vict. c. 21. -

An Act for granting to Her Majesty certain
duties of Excise and stamps.

Section two in part,
namely, from “and
“ any licensed ” to
the end of the sec¬
tion.

24 & 25 Vict. c. 91. -

An Act to amend the laws relating to the
Inland Revenue.

Sections three, four,
six, and twenty.

27 & 28 Vict. c. 12. -

An Act to amend the laws relating to the
warehousing of British spirits.

The whole Act, except
section twelve.

28 & 29 Vict. c. 96. -

An Act to amend the laws relating to the
Inland Revenue.

Sections twenty-three,
twenty-seven, twenty-
eight, and twenty-
nine.

28 & 29 Vict. c. 98. -

An Act to allow British compounded spirits
to be warehoused upon drawback.

The whole Act, except
section twelve.

29 & 30 Vict. c. 64. -

An Act to amend tne laws relating to the
Inland Revenue.

Sections seven, eight,
and nine.

30 & 31 Vict. c. 27. -

An Act to allow warehoused British spirits to
be bottled for home consumption.

The whole Act.

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1880.

Spirits Act, 1880.

Ch. 24, 25.

195

Session and Chapter.

Title of Act.

Extent of Repeal.

31 & 32 Viet. c. 124.

32 & 33 Viet. c. 103.

34 & 35 Viet. c. 103.

37 & 38 Viet. c. 16.

38 & 39 Viet. c. 23.

An Act to amend the laws relating to the
Inland Revenue.

An Act to amend the law relating to the
warehousing of wines and spirits in Customs
and Excise warehouses, ana for other pur¬
poses relating to Customs and Inland
Revenue.

- An Act to amend the law relating to the

Customs and Inland Revenue.

- An Act to grant certain duties of Customs

and Inland Revenue, to repeal and alter
other duties, and to amend the laws relating
to Customs and Inland Revenue.

- An Act to grant certain duties of Customs

and Inland Revenue, to alter other duties,
and to amend the laws relating to Customs
and Inland Revenue.

Sections three, four,
and five.

Sections two, six,
eight, twelve, and
thirteen, and the
other sections in
Part I. (except sec¬
tion seven), so far as
they relate to spirits,
and sections four¬
teen and sixteen.

Sections twenty-one,
twenty - two, and
twenty-three.

Sections nineteen and
twenty.

Section ten.

39 & 40 Viet. c. 16.

39 & 40 Viet. c. 35.

- An Act to grant and alter certain duties of

Customs and Inland Revenue, and to
amend the laws relating to Customs and
Inland Revenue.

- An Act for consolidating the Duties of

Customs.

Section three.

Section three in part,
namely, the words
“ or Inland Re¬
venue,” “ or Ex¬
cise,” “ respec¬
tively,” and “ or
Inland Revenue
respectively,” Sec¬
tion four in part,
namely, the words
“ or Inland Re¬
venue ” and ” or
Inland Revenue

40 & 41 Viet. c. 13.

41 & 42 Viet. c. 15.

An Act to grant certain duties of Customs
and Inland Revenue, and to amend the
laws relating to Customs, Inland Revenue,
and savings Danks.

An Act to grant certain duties of Customs
and Inland Revenue, to alter other duties,
and to amend the laws relating to Customs
and Inland Revenue.

respectively.”
Section eleven.

Section twenty-four.

CHAPTER 25.

An Act for further amending the Acts relating to the
raising of Money by the Metropolitan Board of Works;
and for other purposes relating thereto.

[26th August 1880.]

W HEREAS by tbe Metropolitan Board of Works (Loans) Act,
1875 (in this Act referred to as “ the Act of1875 ”), the raising
of money hy the Metropolitan Board of Works (in this Act referred

N 2

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38 & 39 Viet,
c. 65.

196

42 & 43 Viet
c. 69.

42 & 43 Viet,
c. 69.

Ch.25. Metropolitan Board of Works {Money) Ac£,1880. 43&44 Vict.

to as “ the Board *) for the purposes therein specified was regulated,
and provision was made requiring that the borrowing powers granted
to the Board by Parliament for the purposes therein named should
for the future be limited both in time and amount:

42 & 43 Viet And whereas by the Metropolitan Board of Works (Money) Act,
c * 69, 1879 (in this Act referred to as “the Act of 1879 ”), the Board

were empowered to raise certain sums of money for the purposes in
the said Acts mentioned, and limits of time and amount within
which the powers by the said Act granted might be exercised were
fixed:

42 & 43 Viet And whereas the powers for the raising of money by the Act ot
c - 69 - 1879 conferred upon the Board have been partially exercised, but

it is expedient that the Board should have power to raise certain
further sums of money, specified in the First Schedule to this Act
annexed, for the purposes, upon the terms, and subject to the
42 & 43 Viet, limitations herein-afler mentioned, and that the Act of 1879 should
c. 69. be amended:

And whereas it is expedient that the Board should be em¬
powered to raise any of the moneys which they are by this Act
authorised to raise, and which it may be convenient to raise for a
temporary period, by the issue of bills, with the consent of the
Treasury, for not less than three and not more than twelve months,
to be repaid out of moneys raised by the creation of consolidated
stock under this Act:

so a 40 vlct* c* B 6 * b This Act maybe cited as the Metropolitan Board of Works
40 a 41 v|ct.’ c! Ba! (Money) Act, 1880, and the Metropolitan Board of Works (Money)
SlJIvSctiSS; Acts, 1876 to 1879, and this Act may be cited together as the
Construction of Metropolitan Board of Works (Money) Acts, 1876 to 1880.

4ft as Viet. 2. This Act shall be read and have effect as one with the Metro-
83 A 34 Vict.c. 24 . P°btan Board of Works (Loans) Acts, 1869 to 1871, and the
wi»viS**c.‘S: Metropolitan Board of Works (Money) Acts, 1875 to 1879.

40 & 4 ? Viet *c m* The expression “ Parks and Open Spaces Acts ” in this Act shall

41 ft 42 vict! c! ot! mean the enactments specified in Part I. of the Second Schedule to
fn^tion. 69 * ^ Act annexed.

so Aii Viet.c. d.. The expression u Embankment Acts ” in the Metropolitan Board
26 &26 vict. c.93, of Works (Loans) Act, 1869, and in this Act shall mean the series
m & 83 vict.c. 102 . of Acts specified in Part II. of the Second Schedule to this Act
32 & 33 Viet.c.ios. annexed, and the Metropolitan Board of Works (Loans) Act, 1869,
shall be construed accordingly.

The expression " Main Drainage Acts ” in this Act shall have the
28 ft 29 Vict. c. i9. same meaning as is assigned to the same term in the Metropolitan
32 ft S3 Vict. C. 102 . Board of Works (Loans) Act, 1869.

Amendment of 4. Section eight of the Act of 1879 shall be read and construed
4sT&°43 8 Vict. ^ ^ the aggregate amount which the Board was thereby authorised
c. 69 . to expend for the purposes of the Fire Brigade Act, 1865, had been

28 & 29 Vict. limited to a sum not exceeding thirty thousand pounds instead of
c * 90 * twenty thousand pounds.

Power for 5. The Board may from time to time, up to the thirty-first day

Board to of December one thousand eight hundred and eighty, expend for

Short title.

38 ft 39 Vict. c. 65.

39 ft 40 Vict. c. 66.

C. 69.

28 & 29 Vict.
c. 90.

Power for
Board to
expend money

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1880. Metropolitan Boa/rd of Works {Money) Act , 1880. Ch. 25. 197

the purposes of the Parks and Open Spaces Acts such money as for purposes of
they think fit, not exceeding thirty thousand pounds, in addition to Q ar ^ s ^ nd
any moneys authorised to be expended on certain of the parks and Acte up 1 *) 68
open spaces under Acts passed previously to the passing of this Act. sist December
The Board in order to raise money for the purposes of this section 1880,
may from time to time create consolidated stock.

6 . The Board may from time to time,during the year ending the
thirty-first day of December one thousand eight hundred and eighty- during ye«r
one, expend for the purposes herein-after mentioned such moneys as December issi
they may think fit, not exceeding the amounts limited in relation to f is&vervict. oi
such purposes respectively. aiaVvict

(a.) For the purposes mentioned in section one hundred and forty- gtJ^iimprove-
four of the Metropolis Management Act, 1855, and section menu
seventy-two of the Metropolis Management Amendment c.cixiu.), of *
Act, 1862, one hundred thousand pounds; i^«Acto?^ n

(6.) For the purposes of the Metropolitan Street Improvements ASu^jJrove-
Act, 1872, forty-two thousand and twenty-eight pounds
three shillings and fivepence, provided that the moneys obehsk^^
hereby authorised to be expended for the said purposes, bankment^d of
together with any moneys expended for the said purposes ^ To11 Bnd *°®
under the authority of the Metropolitan Board of Works J°^ l Vict *
(Money) Act, 1877, and of the Metropolitan Board of Works jo J 4i vict.c.M.
(Money) Act, 1878, and of the Act of 1879, shall not laattVietciw!
exceed sixty thousand pounds ;

(c.) For the purposes of the Parks and Open Spaces Acts twenty-
five thousand pounds;

(d) For the purposes of completing the works authorised by the
Embankment Acts and for completing the Sun Street im¬
provement under the Metropolitan Board of Works Various y V ict
Powers Act, 1876, ten thousand pounds ;

(e.) For the purposes of defraying the costs of tablets of inscription
on the four sides of the base of the obelisk on the Victoria
Embankment, of the alteration of the adjoining granite
pedestals, and placing sphinxes thereon, and of other per¬
manent work incurred and to be incurred in carrying out
the general design in relation to the said obelisk, seven
thousand pounds ; provided that the moneys hereby autho¬
rised to be expended for the said purposes, together with
any moneys expended for the said purposes under the Act 4 a* 4 avict.c.e 9 .
of 1879, shall not exceed seven thousand pounds;

(/.) For the purposes of the Metropolis Toll Bridges Act, 1877, Vict *
sixty-two thousand five hundred and fifty-one pounds two 10
shillings and sixpence ; provided that the moneys hereby
authorised to be expended for the said -purposes, together
with any moneys expended for the said purposes under the 4 o* 4 ivict.
authority of the Metropolis Toll Bridges Act, 1877, shall c.xcix.
not exceed one million five hundred thousand pounds;

(g.) For the purpose of defraying the cost of certain special works
for the maintenance and repair of certain of the bridges
acquired by the Board under the Metropolis Toll Bridges 40&41 vict
Act, 1877, fifty thousand pounds; provided that the c * XCUL
moneys hereby authorised to be expended for the said
purposes shall be in addition to the moneys authorised

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■fO 4 41 Viet,
c. xeix.

Power for
Board to
expend money
for purposes of
fire brigade.

28 & 29 Viet,
c, 90.

Power to
Board to
expend money
for purposes of
street improve¬
ments under
40 & 41 Viet,
c. ccxxxv. and
42 & 48 Viet,
c. cxcviii.

40 A 41 Viet. c. 62.

41 A 42 Viet. c. 87.

42 A 43 Viet. c. 69.

42 A 48 Viet,
c. cxcriii.

42 A 43 Viet.0.69.

Ch.25, Metropolitan Board of Works (Money) Act, 1880.43&44VI ct.

to be borrowed by section twenty-six of the Metropolis
Toll Bridges Act, 1877, for the purposes of the said Act,
and the said section shall be construed as though the
amount thereby limited were increased by the said sum
of fifty thousand pounds hereby authorised to be expended.

The Board in order to raise money for the several purposes men¬
tioned in this section may from time to time create consolidated
stock.

7. The Board may from time to time, during the year ending
the thirty-first day of December one thousand eight hundred and
eighty-one, expend for the purposes of providing station houses,
fire engines, fire escapes, and permanent plant for the purposes of
the Fire Brigade Act, 1865, such money as they think fit, not
exceeding thirty thousand pounds.

The Board in order to raise money for the purposes of this
section may from time to time create consolidated stock.

The Board shall from time to time carry to the consolidated loans
fund such sums as the Treasury approve, as being, in their opinion,
sufficient to redeem within thirty years from the date of the creation
of stock for purposes of this section an amount of consolidated
stock equld to that so created.

8 . The Board may from time to time, during the year ending
the thirty-first day of December one thousand eight hundred and
eighty-one, expend—

(a.) For the purposes of the Metropolitan Street Improvements
Act, 1877, such money as they think fit, not exceeding
one million five hundred thousand pounds, or such further
sum as the Treasury may approve; provided that the
moneys hereby authorized to be expended for the said
purposes, together with any moneys expended for the said
purposes under the authority of the Metropolitan Board
of Works (Money) Act, 1877, and of the Metropolitan
Board of Works (Money) Act, 1878, and of the Act of
1879, shall not exceed three million seven hundred and
twelve thousand five hundred and seven pounds; and

(6.) For the purposes of the Thames River (Prevention of Floods)
Act, 1879, such money as they think fit, not exceeding
one hundred thousand pounds, or such further sum as the
Treasury may approve ; provided that the moneys hereby
authorised to be expended for the said last-mentioned
purposes, together with any moneys expended for the said
last-mentioned purposes under the Act of 1879, shall not
(except with the sanction of the Treasury) exceed one
hundred thousand pounds.

The Board in order to raise money for the several purposes men¬
tioned in this section may from time to time create consolidated
stock: Provided always, that the money to be raised and the con¬
solidated stock to be created by the Board under this section shall
be raised and created by them from time to time in such amounts
and at such times only as the Board shall actually require, and
as the Treasury shall approve, for the purpose of carrying into
effect the provisions of the said Acts respectively in a proper and
efficient manner.

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1880. Metropolitan Board of Works {Money) Act , 1880. Ch. 25.

9 . The Board may from time to time, during the year ending Power for
the thirty-first day of December one thousand eight hundred and ■^Sfd'money
eighty-one, expend for the purposes of schemes made by the Board for pmpoees of
under the authority of the Artizans and Labourers Dwellings Im- schemes under
provement Act, 1875, and confirmed by Provisional Order and Act 88 36 89 lct *
of Parliament, such money as they think fit, not exceeding five
hundred thousand pounds, or such further sum as the Treasury may
approve.

The Board in order to raise money for purposes of this section
may from time to time create consolidated stock, but there shall
be repaid (as provided by the Artizans and Labourers Dwellings 38 & 39 Viet.
Improvement Act, 1875,) to the consolidated rate out of the local c * 36 *
rate, as defined by the Artizans and Labourers Dwellings Improve- 38 & 39 Viet,
ment Act, 1875, all moneys required for payment of dividends on c * 86,
and the redemption of the consolidated stock created for the pur¬
poses of this section : Provided always, that tbe money to be raised
and the consolidated stock to be created by the Board under this
section shall be raised and created by them from time to time in
such amounts and at such times only as the Board shall actually
require, and as the Treasury shall approve, for the purpose of
Carrying such schemes into effect in a proper and efficient manner. Special power

10 . The Board may, up to the thirty-first day of December Bo ^^ e
one thousand eight hundred and eighty-one, expend for the pur- fo^^rpowsTf
pose of adding to, extending, enlarging, improving, and ^completing main drainage
the works authorised by the Main Drainage Acts, and for ren- ^ e “ am
dering the same efficient in such manner as to them may seem 2i*22Vict.c.io4.
proper, and for extending, enlarging, and improving the main »il»victc.'i 9 .
sewers transferred to and vested in the Board under and by virtue i 8 *i 9 Vict.c.m
of the Metropolis Management Act, 1855, and for making such

other sewers and works, and such alterations and diversions of
such existing main sewers, as may to them seem proper for the
purpose of relieving, supplementing, and rendering such main sewers
efficient, and for carrying into effect the several provisions in rela¬
tion thereto mentioned in the said Act, such moneys as they may
think fit, not exceeding three hundred thousand pounds, in addi¬
tion to any moneys which they are authorised to expend under
any Acts passed previously to the passing of this Act, and for such
purposes the Board may from time to time create consolidated stock,
and all the provisions of the Main Drainage Acts and the Metropolis Ul^yfctc^*
Management Act, 1855, and the Acts altering or amending the same 28 & 29 Victc.i 9 i
for the time being in force, relating to the execution of works 18&19Vlct c * 120 -
authorised by the said Acts respectively, shall continue in force,
and shall extend and apply respectively to the works executed by
means of money raised in pursuance of this section, and all stock
created under the authority of this section shall be deemed to be
created for the purposes of the above-mentioned Acts respectively.

11 . Where a vestry or district board constituted under the Metro- Power for
polis Management Act, 1855, desire, in pursuance of authority ^ rd to k nd
vested in them by Act of Parliament, to borrow money for the distrietto&rd.
purpose of any work, or for the purpose of paying off any loan or 18 & 19 Viet
debt, or for any other purpose, and it appears to the Board and to c * 120,

the Treasury expedient that the repayment of the money to be
borrowed shall be spread over a series of years, then from time to

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200

Power for
Board to lend
to board of
guardians.

18 & 19 Viet,
c. 120.

Extension of
amount of
loans by Board

Ch.25. Metropolitan Board of Works (Money) Ac£,1880.43 &44 Vicr.

time during the year ending the thirty-first day of December one
thousand eight hundred and eighty-one the Board may lend to the
vestry or district board, and the vestry or district board may borrow
from the Board, such money as the Board think fit, and as the
vestry or district board are authorised and desire to borrow.

The aggregate amount lent by the Board under this section
shall not exceed two hundred thousand pounds.

The Board in order to raise money for purposes of this section
may from time to time create consolidated stock.

Money lent by the Board under this section shall, notwithstanding
anything in any other Act, be repaid to them, with interest, within
such time after the borrowing as the Board and the borrowers, with
the approval of the Treasury, agree, not exceeding in case of a loan
for purposes of improvements effected by the widening of streets
or bridges, or for the purpose of purchase of land in fee simple, sixty
years, and for any other purpose thirty years.

In case of a loan required to be for not exceeding thirty years
the Board shall from time to time carry to the consolidated loans
fund such sums as the Treasury approve as being in their opinion
sufficient to redeem within the period for which the loan is made,
not exceeding thirty years from the date of the creation of stock
for purposes of this section, an amount of consolidated stock equal
to that so created.

12 . Wh&e a board of guardians of a union or parish wholly or
for the greater part in the metropolis as defined in the Metropolis
Management Act, 1855, desire, in pursuance of authority vested in
them, to borrow money for the purpose of any work, or for the
purpose of paying off any loan or debt, or for any other purpose,
and it appears to the Board and the Treasury expedient that the
repayment of the money to be borrowed shall be spread over a
series of years, then from time to time during the year ending the
thirty-first day of December one thousand eight hundred and
eighty-one the Board may lend to the board of guardians, and the
board of guardians may borrow from the Board, such money as
the Board think fit, and as the board of guardians are authorised
and desire to borrow.

The aggregate amount lent by the Board under this section shall
not exceed one hundred and fifty thousand pounds.

The Board in order to raise money for purposes of this section
may from time to time create consolidated stock.

Money lent by the Board under this section shall, notwith¬
standing anything in any other Act, be repaid to them, with
interest, within such time after the borrowing as the Bowl and
the borrowers, with the approval of the Treasury, agree, not ex¬
ceeding thirty years.

The Board shall from time to time carry to the consolidated loans
fund such sums as the Treasury approve as being in their opinion
sufficient to redeem within the period for which the loan is made,
not exceeding thirty years from the date of the creation of stock
for purposes of this section, an amount of consolidated stock equal
to that so created.

13 . The Board may from time to time, during the year ending
the thirty'first day of December one thousand eight hundred and

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201

1880. Metropolitan Board of Works (Money) Act , 1880. Ch. 25.

eighty-one, lend to the managers of the Metropolitan Asylum to managers of
District, in addition to the sums authorised by the Metropolitan
Board of Works (Loans) Acts, 1869 to 1871, and the Metropolitan Diitrta.
Board of Works (Money) Acts, 1875 to 1879, such sums as the c o¬

managers are from time to time authorised by the Local Govern- wawvictcitf.
ment Board to borrow in pursuance of the Metropolitan Poor Act,!® Aiovicticiw;
1867, and any Acts altering or amending the same for the time Ji &lavict.‘c‘ 37 .
being in force, not exceeding in the whole fifty thousand pounds, masi vtekc.e!’
and section thirty-seven of the Metropolitan Board of Works 32&88Vict.c.ioi
(Loans) Act, 1869, shall be construed as if the sum of one million
and ten thousand pounds were therein substituted for five hundred
thousand pounds.

14 . The Board may from time to time, during the year ending Power to Board
the thirty-first day of December one thousand eight hundred and
eighty-one, lend to the School Board for London, in accordance for London,
with the provisions of the Elementary Education Acts, 1870 and 33 & 34 Viet.
1873, and any Act or Acts altering or amending the same for the 3 6 &‘ 37 vict
time being in force, such sums as the said School Board are from c . 86 .

time to time authorised to borrow by the Education Department
in pursuance of the said Acts, not exceeding in the whole the sum
of five hundred thousand pounds.

The Board in order to raise money for the purpose of this section
may from time to time create consolidated stock.

The moneys so lent by the Board shall be repaid to them by the
said School Board, with interest, within such period, not exceeding
fifty years, as may be agreed upon between the Board and the said
School Board, with the sanction of the Education Department,
subject to the approval of the Treasury.

15 . Where any corporation, body of commissioners, burial board, PowerforBoard

or other public body having power to levy, directly or indirectly, °° r ’

rates in respect of lands in the metropolis, as defined in the Metro- burial boards,
polis Management Act, 1855, or to make charges on rates leviable &c -

in the metropolis as so defined, or to take within the metropolis as 18 & 19 vict *
so defined dues or impositions in the nature of rates, desire, in c * 20 *
pursuance of authority vested in them, to borrow money for the
purpose of any work, or for the purpose of paying off any loan or
debt, or for any other purpose, and it appears to the Board and to
the Treasury expedient that the repayment of the money to be
borrowed shall be spread over a series of years, then from time to
time, during the year ending the thirty-first day of December one
thousand eight hundred and eighty-one, the Board may lend to
the corporation, commissioners, burial board, or other public body,
and they may borrow from the Board, such money as the Board
think fit, and as the corporation, commissioners, burial board, or
other public body are authorised and desire to borrow.

The aggregate amount lent by the Board under this section shall
not exceed one hundred thousand pounds.

The Board in order to raise money for purposes of this section
may from time to time create consolidated stock.

Money lent by the Board under this section shall, notwithstand¬
ing anything in any other Act, be repaid to them, with interest,
within such time after the borrowing as the Board and the
borrowers, with the approval of the Treasury, agree, not exceeding,

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202

18 & 19 Viet
c. 120.

, Payment of
expenses
relating to
the Committee
on London
Water Supply.

Board may
raise money by
bills.

Form and
length of
currency and
interest on
Metropolitan
bills.

Payment and
applications of
proceeds of
Metropolitan
bills and
charge of bills
on consolidated
rate.

Mode of issue
of Metropolitan
bills.

Ch. 25 . Metropolitan Board of Works (Money) Ac£,1880. 43&44 Vict.

in case of a loan for purposes of improvements effected by the
widening of streets or bridges, or for the purpose of purchase of
land in fee simple, sixty years, and for any other purpose thirty
years.

In case of a loan required to be for not exceeding thirty years
the Board shall from time to time carry to the consolidated loans
fund such sums as the Treasury approve, as being in their opinion
sufficient to redeem within the period for which the loan is made,
not exceeding thirty years from the date of the creation of stock for
purposes of this section, an amount of consolidated stock equal to
that so created.

Nothing in this section shall apply to the case of a vestry or
district board constituted under the Metropolis Management Act,
1855, a board of guardians, the managers of the Metropolitan.
Asylum District, or the School Board for London.

16 . The Board may, as part of their general expenses, pay all
costs and charges and expenses incurred by them df and incidental
to the proceedings of the Select Committee on London Water
Supply in the present session ; such costs, charges, and expenses to
be duly audited and taxed as if they related to a Private Bill.

17 . Notwithstanding anything in this Act or in any other Act
relating to the Board contained, the Board, with the consent of the
Treasury, may from time to time, as they think fit, raise any
part of the moneys which they are by this Act authorised to raise,
not exceeding in the whole the sum of five hundred thousand
pounds, by the issue of bills under this Act.

18 . A bill imder this Act (in this Act referred to as a “ Metro¬
politan bill ”) shall be a bill in form prescribed by a regulation
made in pursuance of this Act for the payment of the principal sum
named therein, in the manner and at the date therein mentioned, so
that the date be not less than three nor more than twelve months
from the date of the bill.

Interest shall be payable in respect of a Metropolitan bill at such
rate and in such manner as the Board, with the consent of the
Treasury, may direct

19. All moneys raised by the issue of any Metropolitan bills shall
be paid to the Board, and shall be expended by them for the pur¬
poses for which the same are by this Act authorised to be raised
respectively. The principal money and interest expressed in any
Metropolitan bill to be payable shall be charged on the consolidated
rate, and shall be payable out of the said rate, or, as regards prin¬
cipal, out of moneys raised by the creation of consolidated stock
under this Act, for the purpose for which such principal money
has been expended, and, as regards interest, out of the consolidated
loans fund.

20 . With respect to the issue of Metropolitan bills the following
provisions shall have effect:

(1.) Metropolitan bills shall be issued imder the authority of a
warrant sealed by the Board and countersigned on behalf
of the Treasury;

(2.) Each Metropolitan bill shall be for the amount directed by
the Board;

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203

1880. Metropolitan Board of Works {Money) Act , 1880. Ch. 25.

(3.) Each Metropolitan bill shall be sealed by the Board, the
sealing being attested by the clerk in his own name.

21 . The Board may from time to time,, with the consent of the Regulations to

Treasury, make, and when made rescind, alter, and add to, regu- tb °

lations for carrying into effect the provisions of this Act with ^ 8ue>
respect to Metropolitan bills, and in particular — lation, &c. of

(1.) For regulating (subject to the provisions of this Act) the Metropolitan
preparation, form, mode of issue, mode of payment, and
cancellation of Metropolitan bills ;

(2.) For regulating the issue of a new Metropolitan bill in lieu of
one defaced, lost, or destroyed;

(3.) For preventing, by the [use of counterfoils or of a special
description of paper or otherwise, fraud in relation to the
Metropolitan bills;

(4.) For the proper discharge to be given upon the payment of a
Metropolitan bilL

Every regulation purporting to be made in pursuance of this section
shall be deemed to be within the powers of this Act, and shall have
effect as if it were enacted in this Act.

22 . For the purpose of paying off the principal money of any Power to
Metropolitan bills, the Board may raise any sum which they are by c ^ te cons °-
this Act empowered to raise by the creation of consolidated stock J^^ y 8tock
for the purposes for which such principal money has been expended, suspended
not exceeding the amount of such principal money ; but, save as ^^Metro-
aforesaid, the powers given to the Board by this Act to raise moneys j^thoriscd to
for any purposes by the creation of consolidated stock shall be be raised,
suspended to the amounts and for the periods to and for which
moneys are for the time being authorised by the Treasury to be

raised for such purposes respectively by the issue of Metropolitan
bills.

23 . Sections eight, nine, ten, and eleven of the Act of the Application of
twenty-fourth and twenty-fifth years of the reign of Her present
Majesty, chapter ninety-eight, intituled “ An Act to consolidate and 24 & 25 Viet.

“ amend the Statute Law of England and Ireland relating to c. 98. to

“ indictable offences by forgery ” (which sections relate to the Metropolitan
forgery of and other frauds relating to Exchequer bills), shall apply 8 *
to the Metropolitan bills, and shall have effect as if “ Exchequer bill v
in those sections included “ Metropolitan bill.”

24 . The Board may enter into such arrangements with any Arrangement
bank approved by the Treasury for carrying into effect the provi- with bank as to
sions of this Act with respect to the issue of the Metropolitan bills, Metro

and to the payment of the principal sum named therein, and to bil < L.° P ° 1 m
all matters relating thereto, and for the proper remuneration of
such bank with reference thereto as they may think proper and as
may be approved by the Treasury.

25 . The limitation on the borrowing power of the Board con- 32 & 33 vict.

tained in section thirty-eight of the Metropolitan Board of Works
(Loans) Act, 1869, shall not extend to money raised by the Board
for purposes mentioned in this Act.

26 . All sums received by the Board in respect r of interest on or
principal of any loan made by them under this Act shall be carried
to the consolidated loans fund.

c. 102. s. 38.
not to extend
to money raised
under this Act.

Repayments to
be carried to
consolidated
loans fund.

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204 Ch.25. Metropolitan Board of Works (Money) Act, 1880.43 &44 Vict.

Limit to
exercise by
Board of
borrowing
powers.

27. During the year ending the thirty-first day of December one
thousand eight hundred and eighty-one the Board shall not (except
for such temporary period, not exceeding six months, as the
Treasury may from time to time sanction) raise otherwise than in
conformity with and to the extent mentioned in this Act any money
under any powers of borrowing conferred upon the Board either by
this Act or any other Act whatsoever.

FIRST SCHEDULE.

New Money Powers conferred in this Act.

Section of
Act.

Purpose.

Amount.

6 <

8
9

{

Supplemental up to 31st Dec. 1880.
Fire Brigade -

Parks, commons, and open spaces

1st Jan. to 31st Dec. 1881.

Minor improvements -
Street Improvements Act of 1872 - -

Parks, commons, and open spaces -

Thames Embankments, Queen Victoria Street, North umber
land Avenue, and Sun Street -
Obelisk on Victoria Embankment ...

Toll Bridges - - -

Fire Brigade -

Street Improvements Act of 1877
Thames River (Prevention of Floods)
Artizans Dwellings -
Drainage extension works
Loans to vestries and district boards -
Loans to guardians ...
Loans to managers of Metropolitan Asylum
Loans to School Board for London
Loans to public bodies -

.€62,551 2s. 6 d.\
j£50,000 Os. Qrf.J

District

10,000

30,000

100,000

42,028

26,000

10,000

7,000

112,651

30,000

1,500,000

100,000

500,000

300,000

200,000

150,000

50,000

500,000

100,000

Amounts included above which are re-
grants of borrowing power previously
granted:

Minor improvements -
Street Improvements Act, 1872 -
Obelisk on Victoria Embankment
Toll Bridges - - -

Fire Brigade - -

Street Improvements Act, 1877
Thames River (Prevention of Floods)
Artizans Dwellings
Loans to vestries, &c.

Loans to guardians

Loans to School Board for London

Loans to public bodies -

New borrowing power for Board
For loans to other bodies

3.766,579 5 11

£ s. d.
56,565 17 3
42,028 3 5
7,000 0 0
62,551 2 6
13,061 19 11
1,500,000 0 0
100,000 0 0
5C0,000 0 0
1,400 0 0
103,500 0 0
500,000 0 0
27,000 0 0

485,372 2 10
368,100 0 0

}

2,913,107 3 1

853,472 2 10

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205

1880. Metropolitan Board of Works (Money) Act , 1880. Ch. 25,26.

SECOND SCHEDULE

Parks and Open Spaces Acts.

Part I.

The Finsbury Park Act, 1857, 20 <fc 21 Vicfc. c. cl.

Southwark Park Act, 1864, 27 Viet. e. iv.

Gardens in Towns Protection Act, 1863, 26 Viet. c. 13.

Leicester Square Act, 1874, 37 Viet. c. x.

Open Spaces (Metropolis) Act, 1877, 40 & 41 Viet. c. 35.

Metropolitan Commons Act, 1866, 29 & 30 Viet. c. 122.

„ „ „ Amendment Act, 1869, 32 & 33 Viet. c. 1 07.

„ „ „ 1878, 41 & 42 Viet. c. 71.

„ „ Supplemental Act, 1871 (Blackheath), 34 & 35 Viet. c. lvii.

„ „ „ „ „ (Shepherd’s Bush), 34 & 35 Viet

c. lxiii.

„ „ „ „ 1872 (Hackney Commons), 35 & 36 Viet. •

c. xliii.

„ „ „ „ 1873 (Tooting Beck Common), 36 & 37

Viet c. lxxxvi.

The Metropolitan Board of Works Various Powers Act, 1875 (Tooting Graveney
Common), 38 & 39 Viet. c. clxxix. sec. 14.

Hampstead Heath Act, 1871, 34 & 35 Viet. c. lxxvii.

Metropolitan Commons Supplemental Act, 1877 (Clapham Common "and Bos tall
Heath), 40 & 41 Viet. c. cci.

Plumstead Common Act, 1878, 41 & 42 Viet. c. cxlv.

Wormwood Scrubs Act, 1879, 42 & 43 Viet. c. clx.

Part II.

Embankment Acts .

The Thames Embankment (North) Act, 1862, 25 & 26 Viet c. 93., 26 & 27 Viet. c. 45.
Thames Embankment (South) Act 1863, 26 & 27 Viet. c. 75.

„ „ Amendment Act 1864, 27 & 28 Viet. c. cxxxv., 27 & 28 Viet,

c. 61.

„ „ (North and South) Act, 1868, 31 & 32 Viet. c. cxi., 31 & 32

Viet c. 43.

„ „ (Chelsea) Act, 1868, 31 & 32 Viet. c. cxxxv., 32 & 33 Viet,

c. 134.

„ „ (North) Act 1870, 33 & 34 Viet c. xcii.

„ „ „ „ 1872, 35 & 36 Viet. c. lxvi.

„ „ (Land) Act *873, 36 & 37 Viet. c. 40.

„ „ (South) Act, 1873, 36 Viet c. vii.

Charing Cross and Victoria Embankment Approach Act 1873, 36 37 Viet. c. c.

Metropolitan Board of Works Various Powers Act, 1876 (Chelsea Embankment),
39 & 40 Viet c. lxxix.

CHAPTER 26.

An Act to extend to Scotland the Facilities for
Policies of Assurance for the Benefit of Married Women
and Children now in force in England and Ireland.

[26th August 1880.]

■yiT'HEREAS by the Married Women’s Property Act, 1870, 83 & 84 Viet.

' " increased facilities are given for effecting policies of assurance «• 98 -
for the benefit of married women and children in England and
Ireland:

Digitized by LaOOQle

206

Married woman
may effect
policy of
assurance for
her separate
use.

Policy of
assurance may
be effected in
trust for wife
and children.

Application
and short title
of Act.

Short title.

Ch.26,27. Married Women's Policies of Assurance (S.) 43 & 44 Vicrr.

And whereas it is expedient that such increased facilities for
effecting policies of assurance for the benefit of married women and
children should be extended to Scotland :

L A married woman may effect a policy of assurance, on her own
life or on the life of her husband, for her separate use; and the
same and all benefit thereof, if expressed to be for her separate use,
shall, immediately on being so effected, vest in her, and shall be
payable to her, and her heirs, executors, and assignees, excluding
the jus mariti and right of administration of her husband, and
shall be assignable by her either inter vivos or mortis causa without
consent of her husband; and the contract in such policy shall be as
valid and effectual as if made with an unmarried woman.

2. A policy of assurance effected by any married man on his
own life, and expressed upon the face of it to be for the benefit
of his wife, or of his children, or of his wife and children, shall,
together with all benefit hereof, be deemed a trust for the benefit
of his wife for her separate use, or for the benefit of his children,
or for the benefit of his wife and children; and such policy,
immediately on its being so effected, shall vest in him and his legal
representatives in trust for the purpose or purposes so expressed, or
many trustee nominated in the policy, or appointed by separate
writing duly intimated to the assurance office, but in trust always
as aforesaid, and shall not otherwise be subject to his control, or
form part of his estate, or be liable to the diligence of his creditors,
or be revocable as a donation, or reducible on any ground of excess
or insolvency: And the receipt of such trustee for the sums secured
by the policy, or for the value thereof, in whole or in part, shall be a
sufficient and effectual discharge to the assurance office: Provided
always, that if it shall be proved that the policy was effected and
premiums thereon paid with intent to defraud creditors, or if the
person upon whose life the policy is effected shall be made bank¬
rupt within two years from the date of such policy, it shall be
competent to the creditors to claim repayment of the pr emiums so
paid from the trustee of the policy out of the proceeds thereof

3. This Act shall apply only to Scotland, and may be cited as
the Married Women’s Policies of Assurance (Scotland) Act, 1880.

CHAPTER 27.

An Act to amend the Law relating to the powers of
Drainage Boards in Ireland to construct Works outside
the limits of their Districts. [26th August 1880.]

B E it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this • present Parliament assembled,
and by the authority of the same, as follows:

1. This Act may be cited for all purposes as the Drainage and
Improvement of Lands (Ireland) A.ct, 1880, and, together with the

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1880. Dramage and Improvement of Lands (I.) Act, 1880. Ch. 27. 207

Drainage and Improvement of Lands Act (Ireland), 1863, and 26 & 27 Viet
the Acts amending the same, may be cited as the Drainage and c * 88 -
Improvement of Lands (Ireland) Acts, 1863 to 1880.

2. From and after the passing of this Act the powers vested in Additional
drainage boards constituted under the Drainage and Improvement

of Lands Act (Ireland), 1863, of executing works outside the limits wor ks outside
of their respective districts under the provisions of the fifty-sixth the limits of a
section of the Act of the session of the fifth and sixth years of district *
the reign of Her present Majesty, chapter eighty-nine, asj incor¬
porated with the said Drainage and Improvement of Lands Act 26 & 27 Vict *
(Ireland), 1863, shall be extended as follows ; that is to say, c * 88 ‘

The works which any drainage board may execute outside the
limits of their district shall be, besides the works mentioned in
the said section, any other works which the Commissioners of
Public Works in Ireland shall at any time, whether before or after
the completion of the works within the district, certify to be, in
their opinion, necessary for preventing injury to lands outside the
limits of the district by reason of the drainage works executed
or to be executed by the drainage board within the district:

Provided that a drainage board in pursuance of the powers conferred
by this Act—

( 1 .) Shall not acquire any lands otherwise than by agreement;
and

( 2 .) Shall not execute any works within the limits of the district
of any other drainage board without the consent of that
board,

unless Fauthorised by a Provisional Order made by the Commis¬
sioners of Public Works in Ireland, and confirmed by Parliament;
and the said Commissioners may make such order in the like
manner, and shall have for the purpose the like powers, as in the
case of provisional orders under the Drainage and Improvement 2G & 37 y lct
of Lands (Ireland) Act, 1863, and the provisions of that Act with c. 88.
respect to provisional orders and the purchase of lands shall, so
far as is consistent with the tenour thereof, apply for the purpose
of provisional orders and the purchase of lands under this Act.

3 . The provisions contained in the Drainage and Improvement Supplementary
of Lands (Ireland) Act, 1863, as amended by any Act or Acts, with provisions,
respect to compensation to persons injuriously affected by the works 26 & 27 vict *
executed by a drainage board, and with respect to the expenses of c *
arbitration, and the costs and expenses of the Commissioners of

Public Works, and with respect to the power of a drainage board
to borrow money, and to loans or advances from the Commissioners
of Public Works to a drainage board, and the security and repay¬
ment thereof, and with respect to the maintenance of such works,
shall apply as if the works executed by a drainage board under
this Act were works executed by the board within their district
in accordance with the provisions of the Drainage and Improve- 9fi . .

ment of Lands (Ireland) Act, 1863. c . 88> 1C

For the purpose of providing the said expenses of executing
such works, and for compensation, and all other expenses incident
thereto, the Commissioners of Public Works shall, upon the com¬
pletion of such works, or whenever they think fit, from time to
time, make an order declaring that the amount mentioned in such

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208

26 8c 27 Viet,
c. 88.

29 8c 80 Viet,
c. 49.

Interpretation
of terms.

Account of
population to
be taken.

By irhom the
account shall
betaken.

Ch.27, 28. Drainage & Improvement of Lands (I.) Act. 43 & 44 Vict.

order shall be charged upon the lands in the district of the
drainage board which executed the works, and the proprietors
thereof respectively; and in such order the Co mmis sioners shall
declare the parties by whom and the respective proportions in
which the amount mentioned in such order shall be paid, and,
where any moneys have been lent by the Commissioners, the time
or times of repayment to the Commissioners. In making such
order, the Commissioners shall have regard to the final award
under the Drainage and Improvement of Lands Act (Ireland),
1863, in the district for which such order shall be made; and
the Commissioners may also insert in any such order all such other
determinations, matters, and things as they may think necessary

and proper. .

Every such order made by the Commissioners under this Act
shall have all the force and validity of a charging order made by
them under the Drainage Maintenance Act, 1866.

CHAPTER 28.

An Act for taking the Census in Ireland.

[26th August 1880.]

■fTTHEREAS it is expedient ;to take the census of Ireland in
W the year one thousand eight hundred and eighty-one :

1 . In this Act,—

The term “ Lord Lieutenant ” shall mean the Lord Lieutenant or
other chief governor or governors of Ireland:

The terms “ chief secretaiy ” and “ under secretary ” shall mean
respectively the chief secretary and under secretary to the Lord
Lieutenant.

2 . An account of the population of Ireland shall be taken at the
time and in the manner herein-after directed.

3 . Such officers and men of the police force of Dublin metropolis,
and of the Royal Irish Constabulary, as the Lord Lieutenant shall
direct, together with such other competent persons as the Lord
Lieutenant shall appoint to assist therein, shall, upon Monday the
fourth day of April and one or more next consecutive days in the
year one thousand eight hundred and eighty-one as the said Lord
Lieutenant shall fix, severally visit every house within such dis¬
tricts as may be assigned to them respectively, and take an
account in writing, according to such instructions as may be given
to them by the chief or under secretary of the number of persons
who abode therein on the night of Sunday the third day of April
one thousand eight hundred and eighty-one, and of the sex, age,
religious profession, birthplace, and occupation of all such persons;
and ntiaii also take an account of the number of inhabited houses
and of uninhabited houses and of houses then building within such
districts respectively; and shall also distinguish those parishes and

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1880 .

209

Census {Ireland) Act, 1880. Ch. 28.

places, or parts of parishes and places, within each district respec¬
tively, which are within the limits of any city or borough returning
a member or members to serve in Parliament; and shall also take
an account of all such further particulars as by such instructions
they may be directed to inquire into; and all the expenses which
shall be incurred by authority of such Lord Lieutenant under this
Act, subject to the sanction of the Commissioners of Her Majesty’s
Treasury, shall be paid out of such moneys as shall be provided by
Parliament for that purpose.

4. The governor, master, or keeper of every gaol, prison, or Master®, &c. of
house of correction, workhouse, hospital, or lunatic asylum, and

every barrack master, and every master or keeper of every public enumerator* of
or charitable institution which shall be determined upon by the the inmates
Lord Lieutenant, shall act as the enumerator of the inmates thereof, thereof -
and shall be bound to conform to such instructions as shall be sent
to him by the authority of the Lord Lieutenant for obtaining the
returns required by this Act, so far as may be practicable with
respect to such inmates.

5. For the more effectual obtaining of such accounts, the chief or Forms, Ac. to
under secretary shall prepare and cause to be printed such forms for^eir use
and instructions for the use of the several persons who shall be
appointed as aforesaid to take or certify the said accounts as he

shall deem necessary.

6 . The better to enable such persons to take the said accounts, Power to make
they are hereby authorised and empowered to ask all such questions the m< i uir y*
of all persons within their respective districts, respecting them¬
selves or the persons constituting their respective families, and of

all such further particulars as shall be necessary for the purpose of
taking the said accounts.

7. Every person refusing to answer or wilfully giving a false Penalty for
answer to any such questions, and every person in any way

wilfully obstructing such persons in the execution of the duties for giving fiilie
required of them under this Act, shall for every such refusal, false answers,
answer, or wilful obstruction, on proof thereof being made before
any justice or justices at petty sessions for the district in which
such person shall reside, or, if such person shall reside within the
police district of Dublin metropolis, before any of the divisional
justices of such district, on the testimony of one or more credible
witnesses, forfeit a sum not exceeding five pounds, at the discretion
of the said justice or justices before whom such complaint shall be
so made: Provided always, that no pei*son shall be subject to such
forfeiture for refusing to state his religious profession.

8 . Every member of the said police force or of the Royal Irish Penalty on
Constabulary, or other person, who shall be so appointed to take JfoySTijTgaaty
the said accounts, or to assist therein, who shall make any wilful 0 f wilful
neglect, default, or falsification in any matters relating to the said default or
accounts, shall for every such neglect, default, or falsification, on neglect *
proof thereof being made before any justice or justices at petty

sessions for the district in which he shall so act, or in case such
member of the police or constabulary force, or other person, shall
act for the police district of Dublin metropolis, before any of the
divisional justices of such district, on the testimony of one or more
credible witnesses, forfeit a sum not exceeding five pounds nor less
[the i.att reports.] 0

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210

Proceedings
how to be
taken, and
penalties
recovered and
applied.

14 & 15 Viet,
c. 93.

21 & 22 Viet,
c. 100.

Application of
fines and penal*
ties imposed.

The persons
taking the
accounts to
certify and
affirm as to
their correct¬
ness, and
deliver them to
the officer
appointed to
receive them.

Such officer to
transmit them
to the office of
the Chief
Secretary.

Ch. 28.

Census ( Ireland ) Act, 1880.

43 & 44 ViCT.

An abstract
thereof to be
laid before
Parliament.

Punishment of
persons

wilfully making
false affirmation
or declaration.

than forty shillings, at the discretion of the said justice or justices
before whom such complaint shall be so made.

9. All proceedings under this Act, as to compelling the appear¬
ance of such member of the said police force or of the Royal Irish
Constabulary force, or other person, or of any witness, and as to
the hearing and determination of such complaints, or any other
matter relating thereto, and as to the application of fines, amercia¬
ments, and forfeited recognizances imposed or levied under this Act
at petty sessions, shall be subject in all respects to the provisions
of the Petty Sessions (Ireland) Act, 1851, as the same is amended
by the Petty Sessions Clerk (Ireland) Act, 1858, (when the case
shall be heard in any petty sessions district,) and to the provisions
of the Acts relating to the divisional police offices (when the case
shall be heard in the police district of Dublin metropolis), so far as
the said provisions shall be consistent with any special provisions
of this Act; and when any fine or penalty is imposed at any of the
divisional police offices of Dublin metropolis, under the provisions
of this Act, such fines and penalties shall be paid over to the same
purposes and appropriated and applied in the same manner as is
now by law authorised in respect of fines and penalties imposed
at such divisional police offices respectively.

10. The said several persons so appointed to take the said
accounts, or to assist therein, shall sign and certify the same, and
make solemn affirmation before any justice of the peace within
the county, to the effect that the said acoount has been truly and
faithfully taken by him (or them), and that to the best of his (or
their) knowledge the same is correct, so far as may be known, and
shall deliver the same to such officer of the said police force, or of
the Royal Irish Constabulary, or other person, as may be appointed
by the Lord Lieutenant to receive the same, within each county,
city, town, or place ; and such officer or person shall examine the
same, and cause any defect or inaccuracy which may be discovered
therein to be supplied or corrected, so far as may be possible, and
shall certify and transmit the same to the General Register Office,
in such manner and within such time as the Lord Lieutenant shall
direct, and the same shall be digested and reduced into order
under the direction of the chief or under secretary, by the Registrar
General of Births and Deaths in Ireland, and by such other person
or persons as the Lord Lieutenant shall appoint for that purpose;
and an abstract thereof shall be laid before both Houses of Parlia¬
ment within twelve months after the day on which the said account
shall be taken, or (if Parliament be not then sitting) within the
first fourteen days of the session next ensuing.

11 . Every solemn affirmation or declaration made or signed
under the authority of this Act shall be of the same force and effect
as if the person making such affirmation or declaration had taken
an oath in the usual form, so that if the person making such
affirmation or declaration shall be convicted of having therein
wilfully and falsely affirmed or declared any matter or thing, he
shall be subject to the same pains, penalties, and forfeitures to which
persons convicted of wilful perjury are subject.

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1880. Courts of Justice Building Amendment Act, 1880. Ch. 29.

CHAPTER 29.

An Act to amend the Courts of Justice Building Act,

1865. [26th August 1880.]

W HEREAS by the Courts of Justice Building Act, 1865, it28&29Vict.

was, among other things, provided that certain buildings c * 48 -
erected on land formerly part of the gardens of the Honourable
Society of Lincoln’s Inn, under the authority of two statutes
(local and personal) passed in the fifteenth year of the reign of
King George the Thml, chapters twenty-two and fifty-six, might,
after they should have ceased to be used for the purposes authorised
by the said Acts, be repurchased by the Society of Lincoln’s Inn
upon the terms therein mentioned, and that a certain court erected
in Lincoln s Inn for the sittings of the Vice-Chancellor of England,
under the authority of another Act (local and personal) passed in
the fifty-sixth year of the reign of King George the Third, chapter
eighty-four, should be discharged of the trusts declared by the said
last-mentioned Act, and become the exclusive property of the said
Society without any payment, and that the said Society should
be repaid certain principal sums from time to time since the
year one thousand eight hundred and forty expended out of their
funds in the erection and fitting up of courts for the use of the
judges of the Court of Chancery, and otherwise for the benefit of
the said court; and that it should be lawful for the Lord Chan¬
cellor to settle an account with the said Society, and to order the
balance of such account to be paid in the manner therein men¬
tioned, and thereupon to make an order that the said land and
buildings do vest in the trustees for the time being of the real
estates of the said Society; but that this enactment should not
take effect until after the Lord Chancellor should certify under his
hand to the Treasury that the business conducted in the said
buildings and courts, or any part thereof, had been transferred to
the buildings authorised to be erected under the Courts of Justice 28 & 29 Viet.
Concentration (Site) Act, 1865, and such certificate should have 0 - 49 *
been filed in the Report Office of the Court of Chancery; and
that the option of repurchasing the said sites, and purchasing the
said erections and buildings respectively, might be exercised by
the said Society at any time within two years after notice to the
treasurer of the said Society of the filing of such certificate*:

And whereas the buildings erected under the said Acts of the 15 Geo. 3. c. 22 .
fifteenth year of the reign of King George the Third have ceased is Geo. 3. c. 56.
to be required or used for any of the purposes authorised by the
said Acts, but the courts mentioned in the said Courts of Justice 28 & 29 Viet.
Building Act, 1865, are still required and used for the purposes c * 48.
therein mentioned:

And whereas it may be doubtful whether, under the said Courts 28 & 29 Viet,
of Justice Building Act, 1865, the certificate thereby required can c. 48.
be given by the Lord Chancellor until the whole of the business
transacted in the buildings and courts therein mentioned has been
transferred to the buildings authorised to be erected under the
Courts of Justice Concentration (Site) Act, 1865, and it is expedient 28 & 29 Viet,
that such doubts should be removed : c - 49 -

0 2

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212

As to certifi¬
cate by Lord
Chancellor for
payment of
balance, &c. on
transference of
business.

28 & 29 Viet,
c. 48.

28 & 29 Viet,
c. 49.

28 & 29 Viet,
c. 48.

Vesting order.

Short title.

Ch.29,30. Courts ofJustice Building Amendment Act. 43&44 Vict.

1. It shall be lawful for the Lord Chancellor to give a separate
certificate, pursuant to the Courts of Justice Building Act, 1865,
as to each and every part of the buildings and courts therein
mentioned from which the business conducted therein before the
passing of that Act has been now or shall be from time to time
transferred to the buildings authorised to be erected under the
Courts of Justice Concentration (Site) Act, 1865; and the settle¬
ment of the account and the payment of the balance provided
for by the said Courts of Justice Building Act, 1865, and the order
to be made by the Lord Chancellor after such payment, shall be
deferred until such certificates or certificate shall have been given
as to the whole of such buildings and courts, unless the Lords
Commissioners of Her Majesty's Treasury and the Honourable
Society of Lincoln's Inn shall otherwise agree as to any part of
the said buildings and courts, or of the accounts relating thereto,
which they shall have power and are hereby authorised to do.

2. If the Lords Commissioners of Her Majesty’s Treasury and
the said Society of Lincoln s Inn shall so agree, the Lord Chan¬
cellor may from time to time make a separate vesting order as to
any parts or part of the said buildings and courts which shall no
longer be required for any of the purposes aforesaid; and every
such vesting order shall, as to such parts or part of the said
buildings and courts, have the same operation and effect as the
vesting order provided for by the said Act would have had as
to all the said buildings and courts.

3. This Act may be cited for all purposes as the Courts of
Justice Building Amendment Act, 1880.

CHAPTER 30.

An Act to apply the sum of Ten. million eight hundred
and eighteen thousand two hundred and seventy-four
pounds out of the Consolidated Fund to the service of
the year ending on the thirty-first day of March one
thousand eight hundred and eighty-one.

[26th August 1880.]

Most Gracious Sovereign,

~WJ E, Your Majesty’s most dutiful and loyal subjects, the
W Commons of the United Kingdom of Great Britain and
Ireland, in Parliament assembled, towards making good the supply
which we have cheerfully granted to Your Majesty in this session
of Parliament, have resolved to grant unto Your Majesty the sum
herein-after mentioned; and do therefore most humbly beseech
Your Majesty that it may be enacted ; and be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows t

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213

1880. Consolidated Fund (No. 2) Act , 1880 (Session 2). Ch. 30, 31.

1. The Commissioners of Her Majesty's Treasury for the time Issue of

being may issue out of the Consolidated Fund of the United io,818^274/.
Kingdom of Great Britain and Ireland, and apply towards making consolidated
good the supply granted to Her Majesty for the service of the Fund for the
year ending on the thirty-first day of March one thousand eight service of the
hundred and eighty-one the sum of ten million eight hundred and 31 ^March
eighteen thousand two hundred and seventy-four pounds. 1881 .

2. The Commissioners of the Treasury may borrow from time Power to the

to time on the credit of the said sum, any sum or sums not to

exceeding in the whole the sum of ten million eight hundred and
eighteen thousand two hundred and seventy-four pounds, and

shall repay the moneys so borrowed with interest not exceeding
five pounds per centum per annum out of the growing produce of
the Consolidated Fund at any period not later than the next
succeeding quarter to that in which the said moneys were bor¬
rowed.

Any sums so borrowed shall be placed to the credit of the
account of Her Majesty's Exchequer, and shall form part of the
said Consolidated Fund, and be available in any manner in which
such fund is available.

3. This Act may be cited as the Consolidated Fund (No. 2) Act, Short title.
1880 (Session 2).

CHAPTER 31.

An Act to amend the Railways Construction Facilities
Act, 1864. [26th August 1880.]

\17 HEREAS by the Railways Construction Facilities Act it 27 & 28 Viet.

▼ ▼ has been necessary for the Board of Trade to lay before both c * 121 *
Houses of Parliament a draft of the certificate which it is empowered
to grant in certain cases for the construction of railways:

And whereas it is desirable to facilitate the construction of certain
railways in Ireland during the present and coming year:

1. This Act may be cited as the Railways Construction Amend- Short title,
ment (Ireland) Act, 1880.

2. During the years one thousand eight hundred and eighty Issue of certifi-
and one thousand eight hundred and eighty-one, the Board of ^rliament is
Trade may, if Parliament is not sitting, when the Board has no t sitting,
settled the draft certificate referred to in the Railways Construe- 27 & 28 Viet,
tion Facilities Act, 1864, at once issue their certificate for any Irish c * 121 *
railways now scheduled in the Relief of Distress (Ireland) Amend- 43 & 44 Viet,
ment Act, 1880, and it^shall not be necessary to refer to either House c ' 14 '

of Parliament or to lay a draft of such certificate before either House
of Parliament.

3. If Parliament is sitting when the draft certificate is settled l88ue certifi-

by the Board of Trade, such draft certificate shall be laid before t - lB

both Houses of Parliament for two weeks instead of six weeks as sitting.

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214

27 & 28 Viet,
c. 121.

Advertisements
of application.
27 & 28 Viet,
c. 121.

Award of
borrowing
powers to
railway
companies.

43 & 44 Viet,
c. 14.

Application of
27 & 28 Viet,
c. 121.

Extent of Act.

Duration of
Act.

36 & 37 Viet,
c. 9.

35 A 36 Viet,
c. 65.

Confirmation
of orders.

Ch. 31,32. Railways Construction Amendment {I?) Ad. 43 & 44 ViCT.

specified in section sixteen of the Railways Construction Facilities
Act, 1864, and if neither House of Parliament within the period
of two weeks thinks fit to resolve that the certificate ought not
to be made, then as soon as the period of two weeks after the laying
of the draft certificate before both Houses of Parliament has
expired, the Board of Trade may make and issue a certificate in
conformity with such draft.

4 . Notwithstanding anything to the contrary in the Railways
Construction Facilities Act, 1864, and the regulations scheduled
thereto, the advertisements of the application may be made at any
time, and may state that objections or representations must be
made within twenty-one days from the date of such advertisement,
and any objection or representation not made within such period
of twenty-one days shall be deemed not to have been made within
the period limited by the said Act.

5 . The Board of Trade may, if they think fit, in their certificate,
award for any railway scheduled in the schedule of the Relief of
Distress (Ireland) Amendment Act, 1880, borrowing powers not
exceeding one half of the amount of the share capital authorised by
the certificate.

6 . All the provisions of the Railways Construction Facilities
Act, 1864, shall apply to the making and effect of every such
certificate, except when inconsistent with the provisions of this
Act.

7 . This Act shall extend to Ireland only.

8 . This Act shall expire on the thirty-first day of December one
thousand eight hundred and eighty-one, except as regards any
application pending at that date.

CHAPTER 32.

An Act to render valid certain Orders in Bastardy.

[26th August 1880.]

\\I HEREAS by the Bastardy Laws Amendment Act, 1873, it
’ ’ was enacted that the Local Government Board might issue
such new or altered forms of proceedings in matters of bastardy
as they should deem necessary or expedient for giving effect to the
provisions of that Act and the Bastardy Laws Amendment Act,
1872 ; and the said Board issued certain forms accordingly:

And whereas many orders in bastardy have been made which
are not in accordance with the forms so issued, or to the like
tenor or effect, and in particular the words “ for the maintenance
and education of the said child ” have been omitted from the said
orders, and questions have in consequence arisen as to the validity
of the same:

Be it therefore enacted by the Queen’s most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and'
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:

L An order so made as aforesaid before the passing of this
Act shall not be, or be deemed to be, invalid by reason of the

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1880.

215

Bastardy Urdet'8 Act , 1880. Ch. 32, 33.

omission from such order of the words “ for the maintenance
and education of the said child/’ or words to the like tenor or
effect.

2 . This Act may be cited as the Bastardy Orders Act, 1880. Short title.

CHAPTER 33.

An Act relating to Post Office Money Orders.

[7th September 1880.]

HEREAS by the Post Office Duties Act, 1840, and the Post 3 & 4 Viet.
Office Money Order Act, 1848, provision is made for the vict

transmission of small sums of money through the Post Office by c . 88.
means of money orders under regulations made by Her Majesty’s
Postmaster General for the time being (in this Act referred to as
the Postmaster General) with the concurrence of the Commissioners
of Her Majesty’s Treasury (in this Act referred to as the Treasury),
and it is expedient to make further provision with respect to such
transmission :

L Subject to the Post Office regulations as defined by this Act, Power to the
the Postmaster General, with the consent of the Treasury, may, for Postmaster
the purpose of the transmission of small sums through the Post money
Office, authorise his officers or any of them to issue, in addition to orders in form
the money orders already authorised by law, orders in the form j£ e 8chedul ® ^ f r
set forth in the schedule to this Act, and such orders shall be paid trans^ °
in the manner and subject^to the conditions prescribed by the said mission of
regulations, and shall be deemed to be money orders within the 8maU 8um9 *
meaning of the said regulations, and shall, like other money orders,
be exempt from stamp duty.

Provided that—

(1.) Any such order shall be for one of the amounts following;
and in respect thereof the following poundage shall be
taken for the use of Her Majesty ; that is to say,

Poundage.

One halfpenny.

One penny.

Twopence.

T wopence.

Amount.

One shilling -

One shilling and sixpence

Half-a-crown

Five shillings

Seven shillings and sixpence -
Ten shillings

Twelve shillings and sixpence
Fifteen shillings -
Seventeen shillings and sixpence
Twenty shillings

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216

Application of
11 & 12 Viet,
c. 88., and
laying of
regulations
before Par¬
liament.

Forgery of
crossing of
order.

Fraud and
forgery.

3 & 4 Viet,
c. 96.

Ch. 33. Post Office {Money Orders) Act , 1880. 43 & 44 Vict.

(2.) Any such order shall not be issued until the amount of the
order and the poundage have been paid to the officer
issuing the same:

(3.) After the expiration of three months from the last day of the
month in which any such order is issued by the Post Office,
the order shall be payable only on payment in the pre¬
scribed manner of a commission equal to the amount of
the original poundage, with the addition (if more than
three months have elapsed since the said expiration) of
the amount of the original poundage for every further
period of three months which has so elapsed, and for every
portion of any such period of three months over and above
every complete period:

(4.) No interest shall be payable in respect of an order issued
under this Act.

2. Subject to any Post Office regulations, the Post Office Money
Order Act, 1848, shall apply as well to orders issued under this Act
as to all other money orders issued in pursuance of the said Act
of 1848, witn this addition, that all Post Office regulations in
relation to orders issued under this Act shall be published in the
London Gazette, and shall be laid before both Houses of Parliament
within fourteen days after they are made if Parliament be thenjin
session, and if not, within fourteen days after the commencement of
the then next session of Parliament.

3. Any person who, with intent to defraud, obliterates, adds to,
or alters any such lines or words on an order issued under this Act
as would, in the case of a cheque, be a crossing of that cheque, or
knowingly offers, utters, or disposes of any order, with such fraudu¬
lent obliteration, addition, or alteration, shall be guilty of felony,
and be liable to the like punishment as if such order were a cheque:
Provided always, that any banker or corporation or company acting
as bankers in the United Kingdom who, in collecting in such
capacity for any principal, shall have received payment or been
allowed by the Postmaster General in account in respect of any
money order issued under this Act, or of any document purporting
to be such a money order, shall not incur liability to anyone except
such principal by reason of having received such payment or allow¬
ance, or having held or presented such order or document for pay¬
ment; but this section shall not relieve any principal for whom
such order or document shall have been so held or presented of
any liability in respect of his possession of the same or of the
proceeds thereof.

4. (1.) The enactments providing for the punishment of offences
relating to stamp duties shall apply in like manner as if the
poundage under this Act were a stamp duty.

(2.) Sections nineteen, twenty-two, twenty-three, twenty-six,
twenty-nine, and thirty of the Post Office Duties Act, 1840, (which
relate to dies and paper, and to plates and instruments, and to
moulds, frames, instruments, and machinery for the making of
paper, and to the punishing of fraud,) shall apply as if herein re-

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1880.

217

Post Office {Money Orders) Act , 1880. Oh. 33.

enacted, with the substitution of poundage under this Act for the
duties therein mentioned, and of orders under this Act for the
envelopes therein mentioned.

(3.) An officer of the Post Office who re-issues an order previously
paid shall be deemed to have issued the order with a fraudulent
intent within the meaning of section four of the Post Office (Money n & J 2 Viet.
Orders) Act, 1848, and shall be punished accordingly, and that c * 88
section as amended by this Act shall extend to an offence when
committed in the Channel Islands or the Isle of Man in like manner
as if they were mentioned in that section after Ireland, and penal
servitude were substituted for transportation.

(4.) An order under this Act shall be deemed to be an order for
the payment of money and a valuable security within the meaning
of the Post Office Acts and of the Forgery Act, 1861, (that is to say, 3 & 4 Viet,
the Act of the twenty-fourth and twenty-fifth years of the reign ^96. 25 Vicr
of Her present Majesty, chapter ninety-eight,) and of section one * 98 ,c *
of the Larceny Act, 1861, and of any other law relating to forgery 24 & 25 Viet,
or stealing, which is for the time being in force in any part of the c * 9(5 -
United Kingdom, the Channel Islands, or Isle of Man.

II & 12 Viet,
c. 88.

5. For the purposes of this Act, unless the context otherwise Definitions,
requires—

The expression “Post Office regulations” means regulations or
restrictions from time to time made in pursuance of the Post
Office (Money Orders) Act, 1848, as amended by this Act:

The expression “ prescribed ” means prescribed by the Post Office

regulations for the time being in force. Extension of

6 . The Post Office (Money Orders) Acts, 1848 and 1880, shall nen/iLdsami

extend to the Channel Islands and the Isle of Man, and the Isle of Man.
Royal Courts of the Channel Islands shall register the same 11 & 12 Vict -

accordingly. « “‘44 Vict.

7 . This Act may be cited as the Post Office (Money Orders) Act, ®' h ^* tkle and

1880. construction.

The Act of the session of the eleventh and twelfth years of the 11 & 12 Vict.
reign of Her present Majesty, chapter eighty-eight, intituled “ An c -
“ Act for further regulating the Money Order Department of the
“ Post Office,” is in this Act referred to and may be cited as the u & 12 Vict.
Post Office (Money Orders) Act, 1848. c - 88 -

This Act shall be construed as one with the Post Office (Money 11 & 12 Vict.
Orders) Act, 1848, and the two Acts may be cited together as the c * 88,

Post Office (Money Orders) Acts, 1848 and 1880.

Digitized by LjOOQle

218

* Alter accord*
log to amount.

Cn. 33, 34. Post Office (Money Orders) Act, 1880. 43 & 44 Vicr.
SCHEDULE.

Form of Order.

Postal Order for *[Five Shillings],

[Name of Issuing Office.]
[Number of Order.]

^ To the Postmaster in charge of the ,

Inland Money Order Office atf i

/Re venu e Stamp. Puy tof at any time within |

Postaforder three calendar mouths from the last day (

\ *[One of the month of issue the sum of # [five

\ Penny.] shillings] on account of Her Majesty’s '

^ Postmaster General. f

Issuing Office
Stamp,
with date.

Postmaster.

f The person to whom this Order is issued must, before parting with it, fill in the
name of the person to whom the amount is to be paid, and may fill in the name of the
Money Order Office at which the amount is to be paid.*

The person so named must sign the receipt at the foot thereof, and must also fill in
the name of the Money Order Office, if that has not been already done.

1. If this order be crossed * & Co.” payment will only be

made through a banker, and if the name of a banker is added payment will only
be made through that banker.

2. After this order has once been paid, to whomsoever it is paid, the Postmaster

General will not be liable for any further claim.

3. If any erasure or alteration be made, or if this order is cut, defaced, or mutilated,

payment may be refused.

4. The regulations under which this order is issued allow the postmaster to refuse

or delay the payment of this order, but he must at oncevreport his reasons for so
doing to the Postmaster General.

5. After the expiration of three months from the last day of the month of issue this

Order will be payable only on payment of a commission equal to the amount of
the original poundage, with the addition (if more than three months have elapsed
since the said expiration) of the amount of the original poundage for every further
period of three months which has so elapsed, and for every portion of any such
, period of three months over and above every complete period.

Received the above-named sum.

Signature.

Paying Office
Stamp,
with date.

Cancelling this
Order.

CHAPTER 34.

An Act to abolish Imprisonment for Debt, and to provide
for the better Punishment of Fraudulent Debtors in
Scotland; and for other purposes.

[7th September 1880.]

Digitized by

Google

. 1880.

CH. 34.

219

Debtors (Scotland) Act , 1880.

1. This Act may be cited for all purposes as the Debtors (Scot- Short title,
land) Act, 1880.

2. This Act shall extend to Scotland only. Extent of Act.

3. This Act shall come into operation on the first day of January Commenoe-
one thousand eight hundred and eighty-one, which day is herein- mentof Act.
after referred to as the commencement of this Act.

Abolition of Impi'isonment for Debt.

4. With the exceptions herein-after mentioned, no person shall. Abolition of
after the commencement of this Act, be apprehended or imprisoned

on account of any civil debt. certain ex-

There shall be excepted from the operation of the above enact- ccptionB.
ment,—

1. Taxes, fines, or penalties due to Her Majesty, and rates and

assessments lawfully imposed or to be imposed:

2. Sums decerned for aliment:

Provided that no person shall be imprisoned in any case excepted
from the operation of this section for a longer period than twelve
months.

Nothing contained in this Act shall affect or prevent the appre¬
hension or imprisonment of any person under a warrant granted
against him as being in meditatione fugse, or under any decree or
obligation ad factum prsestandum.

5. Where any person is, at the commencement of this Act, in Discharge of
custody under a warrant of imprisonment, or other process in any 5 “ t tlie
case in which he would not be liable to be apprehended or im- commencement
prisoned after the commencement of this Act, such person shall, of this Act.

at the commencement of this Act, be discharged from such custody;
but his apprehension, imprisonment, or discharge shall not affect
the other rights or remedies of any creditor for enforcing the pay¬
ment of any money due to him.

Notour Bankruptcy.

6 . In any case in which, under the provisions of this Act, im- New mode of
prisonment is rendered incompetent, notour bankruptcy shall be
constituted by insolvency concurring with a duly executed charge ^ptcy.
for payment followed by the expiry of the days of charge without
payment, or, where a charge is not necessary or not competent, by
insolvency concurring with an extracted decree for payment followed
by the lapse of the days intervening prior to execution without
payment having been made.

Nothing in this section contained shall affect the provisions of

section seven of the Bankruptcy (Scotland) Act, 1856. 19 & 20 Viet.

c. 79.

Cessio bonorum.

7. Any debtor who is notour bankrupt within the meaning of Debtor, who is
the Bankruptcy (Scotland) Act, 1856, or of this Act, may present a
petition for decree of cessio bonorum, in the same manner and subject apply for
to the same provisions and conditions, as nearly as may be, in cessio.
and subject to which a person now entitled to apply for decree of 20 Vlct *
cessio bonorum may do so under the Acts of Parliament enumerated 6 & 7 Will. 4.
in the schedule hereto annexed, herein-after called the Cessio Acts; c * 56 -
and the provisions of the Cessio Acts shall apply, as nearly as may c. 9 7o. s?2e! Ct

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220

Cessio at
instance of
creditor.

19 & 20 Viet,
c. 79.

Procedure in
cessio at
instance of
creditor.

19 & 20 Viet,
c. 79.

Ch. 34. Debtors (Scotland) Act , 1880. 43 & 44 Tier.

be, to such petition and the procedure thereunder, subject to the
provisions herein-after contained.

8 . Any creditor of a debtor who is notour bankrupt within
the meaning of the Bankruptcy (Scotland) Act, 1856, or of this
Act, may present a petition to the sheriff of the county in which
such debtor has his ordinary domicile, setting forth that he (the
debtor) is unable to pay his debts, and praying that he may
be decerned to execute a disposition omnium bonorum for behoof
of his creditors, and that a trustee be appointed who shall take
the management and disposal of his estate for such behoof, and
such process shall be taken and deemed to be a process of cessio.
In the petition there shall be inserted a list of all the creditors of
the debtor, specifying their names, designations, and places of
residence, so far as known to the petitioner, and with the petition
shall be produced evidence that the debtor is notour bankrupt.

9. On such petition being presented the following provisions shall
have effect:

1 . The sheriff, if he is satisfied that there is prima facie evidence

of notour bankruptcy, shall issue a warrant appointing the
petitioner to publish a notice in the “ Edinburgh Gazette,”
intimating that such petition has been presented, and re¬
quiring all the creditors to appear in court on a certain day,
being not less than thirty days from the date of the
“ Gazette ” notice, the petitioner being bound, within five
days after the date of such notice, to send letters to all the
creditors specified in the petition, containing a copy of the
said notice, and the sheriff shall further ordain the debtor
to appear on the day so appointed for the compearance of
the creditors in the presence of the sheriff for public exami¬
nation ; and the debtor shall, on or before the sixth lawful
day prior to the day so appointed, lodge, to be patent to
all concerned, a state of his affairs subscribed by himself,
and all his books, papers, and documents relating to his
affairs, in the hands of the sheriff clerk ; and the petitioner
shall, on or before the same date, lodge in the hands of the
sheriff clerk a copy of the said “ Gazette,” and a certificate
subscribed by his agent, or by a messenger-at-arms, or sheriff
officer, and a witness, stating the date and the place where
the letters to the creditors were put into the post office, and
that they were severally addressed as specified in the petition.

2 . On the day appointed for the compearance of the creditors the

debtors shall appear in public court in presence of the sheriff
for examination as to his affairs, and the sheriff shall have
power to put him on oath or affirmation, as the case may be,
and the debtor shall be bound to answer all pertinent
questions put to him by the sheriff, or by any creditor with
the approbation of the sheriff, and it shall be competent for
the sheriff to adjourn the examination for such time as to him
shall appear fit and reasonable ; and the provisions of section
ninety-three of the Bankruptcy (Scotland) Act, 1856, shall,
as nearly as may be, apply to the examination of debtors, and
the production of books, deeds, or other documents by them,
under this Act.

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1880. Debtors (Scotland) Act , 1880. Ch. 34. 221

3. The sheriff shall, on such examination being taken, allow a

proof to the parties, if it shall appear necessaiy, and hear
parties viva voce, and either grant decree decerning the
debtor to execute a disposition omnium bonorum to a trustee
for behoof of his creditors, or refuse the same in hoc statu,
or make such other order as the justice of the case requires.

The trustee shall be nominated by the sheriff ou the
suggestion of the creditors represented at the meeting for
examination, and if they do not agree on a person, the sheriff
shall make his own selection.

4. Any judgment or interlocutor, or decree, pronounced in such

petition may be reviewed on appeal in the same form and
subject to the like provisions, restrictions, and conditions
as are by law provided in regard to appeals against any
judgment or interlocutor, or decree, pronounced in any other
process of cessio bonorum.

5. Until the debtor shall execute a disposition omnium bonorum

for behoof of his creditors, any decree decerning him to do
so shall operate as an assignation of his moveables in favour
of any trustee mentioned in the decree for behoof of such
creditors.

6. The expense of obtaining the decree and of the disposition

omnium bonorum shall be paid out of the readiest of the
funds thereby conveyed.

Miscellaneous.

10. At least once in every four weeks it shall the duty of the Periodical
governor or principal officer in charge of every prison in Scotland ^ tc

to make a report to the sheriff of the county within which such fwlr^oners.
prison is situated, setting forth the name and designation of every Sheriff’s powers
civil prisoner detained in such prison, the ground of and warrant for thereon *
his imprisonment, and the period for which he has been so detained;
and it shall be lawful for the sheriff to direct any civil prisoner
to be brought before him, and, if he shall think fit, the sheriff
may determine that the assistance of one of the procurators for
the poor shall be afforded to such prisoner in raising a process of
cessio bonorum.

1L No fee fund or other dues of court shall be exigible in re- court f eeB >
spect of any proceedings under the Cessio Acts or this Act; nor shall o^Government
any stamp duty or other Government duty be exigible in respect of payments
any disposition which the debtor shall be required or decerned to exigible,
execute in terms thereof, any law or statute to the contrary not¬
withstanding.

12. The sheriff shall have power, upon cause shown by any Bank notes,
creditor, or without any application if he shall think fit, at any
time after the presentation of a petition for sequestration under bankrupt may
the Bankruptcy Act, 1856, or for cessio, to grant warrant to take be seized under
possession of and put under safe custody any bank notes, money, ^^j Dt om
bonds, bills, cheques, or drafts or other moveable property belong- 19 & 20 Viet
ing to or in the possession of the debtor; and, if necessary for that c - 79 -
purpose, to open lockfast places, and to search the dwelling-house and
person of the debtor. .

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222

Ch. 34.

Punishment of
fraudulent
debtors in
certain speci¬
fied cases.

19 & 20 Viet,
c. 79.

Debtors (Scotland) Act , 1880. 43 & 44 Vicr.

Panishnicnt of Fraudulent Debtors.

13. The debtor in a process of sequestration or cessio shall be
deemed guilty of a crime and offence, and on conviction before the
court of justiciary, or before the sheriff and a jury, shall be liable
to be imprisoned for any time not exceeding two years, or by
the sheriff without a jury for any time not exceeding sixty
days, with or without hard labour:

(A.) In each of the cases following unless he proves to the
satisfaction of the court that he had no intent to defraud;
that is to say,

1 . If he does not, to the best of his knowledge and
belief, fully and truly disclose the state of his affairs in
terms of the Bankruptcy (Scotland) Act, 1856, or the
Cessio Acts, as the case may be :

2 . If he does not deliver up to the trustee all his
property, and all books, documents, papers, and writings
relating to his property or affairs which are in his custody
or under his .control, and which he is required by law to
deliver up, or if he does not d6al with and dispose of the
same according to the directions of the trustee :

3. If after the presentation of the petition for se¬
questration or cessio, or within four months next before
such presentation, he conceals any part of his property,
or conceals, destroys, or mutilates, or is privy to the
concealment, destruction, or mutilation of any book,
document, paper, or writing relating to his property or
affairs:

4. If after, or within the time above specified, he
makes or is privy to the making of any false entry in, or
otherwise falsifying any book, document, paper, or writing
affecting or relating to his property or affairs:

5. If within four months next before the presentation
of the petition for sequestration or cessio he pawns,
pledges, or disposes of, otherwise than in the ordinary
way of trade, any property which he has obtained on
credit and has not paid for:

6 . If, being indebted to an amount exceeding two
hundred pounds at the date of the presentation of the
petition for sequestration or cessio, as the case may be,
he has not, for three years next before such date, kept
such books or accounts as, according to the usual course
of any trade or business in which he may have been
engaged, are necessary to exhibit or explain his trans¬
actions :

(B.) In each of the cases following:

1 . If, knowing or believing that a false claim has been
made by any person under the sequestration, he fails for
the period of a month from the time of his acquiring
such knowledge or belief to inform the trustee thereof:

2 . If after the presentation of the petition for seques¬
tration or cessio, or at any meeting of his creditors within
four months next before such presentation, he attempts to

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1880. Debtors {Scotland) Act , 1880. Ch. 34, 35. 223

account for any part of his property by fictitious losses
or expenses:

3 . If within four months next before the presentation
of the petition for sequestration or cessio he, by any false
representation or other fraud, has obtained any property
on credit and has not paid for the same :

4. If, after the date of granting sequestration or cessio,
or within four months prior thereto, he absconds from
Scotland, or makes preparations to abscond for the purpose
of avoiding examination or other proceedings at the in¬
stance of his creditors, or taking with him property which
ought by law to be divided amongst his creditors to the
amount of twenty pounds or upwards, or if he fails, having
no reasonable excuse (after receiving due notice), to attend
the public examination appointed by the lord ordinary
or the sheriff, or to submit himself for examination in terms
of the statutes:

5. If, being insolvent, and with intent to defraud his
creditors, or any of them, he makes or causes to be made
any gift, delivery, or transfer of or any charge on or affect¬
ing his property.

14. If any creditor under any petition for sequestration or cessio, False claim,
or disposition omnium bonorum, wilfully, and with intent to defraud,

makes any false claim, or makes or tenders any proof, affidavit,
declaration, or statement of account which is untrue in any material
particular, he shall be deemed guilty of a crime and offence, and
on conviction thereof shall be liable to be imprisoned for any time
not exceeding one year, with or without hard labour.

15. It shall be the duty of the trustee in any process of sequestra- Power to give
tion or cessio to report all offences under this Act to the presiding

judge, who shall, on such representation or of hisown motion, direct
information in all such cases as he thinks ought to be prosecuted,
to be laid before the Lord Advocate, who shall direct such inquiry
and take such proceedings as he shall think fit.

16. Where any person is liable under any other Act of Parliament As to punish-

or at common law to any punishment or penalty for any offence Actfor
made punishable by this Act, such person may be proceeded against offences
under such other Act of Parliament or at common law or under this punishable
Act, so that he be not punished twice for the same offence. otherwise.

SCHEDULE.

6 & 7 Will. 4. c. 56.

39 & 40 Viet. c. 70. s. 26.

CHAPTER 35.

An Act to amend the Laws relating; to the Protection of
Wild Birds. [7th September 1880.]

Tl^HEREAS it is expedient to provide for the protection of wild
* * birds of the United Kingdom during the breeding season:

Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and

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224

Ch. 35.

Short title.

Definition of
terms.

Penalties for
shooting or
taking wild
birds.

Penalty for
refusing to
give name and
place of abode.

Prosecution of
offences.

11 & 12 Viet,
c. 43.

42 & 43 Viet,
c. 49.

27 & 28 Viet,
c. 53.

Wild Birds Protection Act , 1880. 43 k> 44 ViCT.

Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:

1. This Act may for all purposes be cited as the Wild Birds
Protection Act, 1880.

2. The words “ wild birds ” shall for all the purposes of this Act
be deemed to mean all wild birds. The word “ sheriff” shall include
steward and also sheriff substitute and steward substitute.

3. Any person who between the first day of March and the first
day of August in any year after the passing of this Act shall know¬
ingly and wilfully shoot or attempt to shoot, or shall use any* boat
for the purpose of shooting or causing to be shot, any wild bird,
or shall use any lime, trap, snare, net, or other instrument for the
purpose of taking any wild bird, or shall expose or offer for sale, or
shall have in his control or possession after the fifteenth day of
March, any wild bird recently killed or taken, shall, on conviction
of any such offence before any two justices of the peace in England
and Wales or Ireland, or before the sheriff in Scotland, in the case
of any wild bird which is included in the schedule hereunto annexed,
forfeit and pay for every such bird in respect of which an offence
has been committed a sum not exceeding one pound, and, in the
case of any other wild bird, shall for a first offence be reprimanded
and discharged on payment of costs, and for every subsequent offence
forfeit and pay for every such wild bird in respect of which an
offence is committed a sum of money not exceeding five shillings,
in addition to the costs, unless such person shall prove that the
said wild bird was either killed or taken or bought or received
during the period in which such wild bird could be legally killed
or taken, or from some person residing out of the United Kingdom.
This section shall not apply to the owner or occupier of any land,
or to any person authorised by the owner or occupier of any land,
killing or taking any wild bird on such land not included in the
schedule hereto annexed.

4. Where any person shall be found offending against this Act,
it shall be lawful for any person to require the person so offending
to give his Christian name, surname, and place of abode, and in case
the person so offending shall, after being so required, refuse to give
his real name or place of abode, or give an untrue name or place of
abode, he shall be liable on being convicted of any such offence
to forfeit and pay, in addition to the penalties imposed by section
three, such sum of money not exceeding ten shillings sterling as to
the justices or sheriff shall seem meet.

5. All offences under this Act may be prosecuted, and penalties
and forfeitures under this Act recovered,—

(1.) In England in manner provided by the Summary Jurisdiction
(England) Acts ; and

(2.) In Scotland before the sheriff in manner provided by the
Summary Procedure Act, 1864, and any Acts amending
the same; and

(3.) Jn Ireland within the police district of Dublin metropoli8 t in
manner provided by the Acts regulating the powers and
duties of justices of the peace for such district or of the
police of such district, and elsewhere in Ireland before two

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1880.

225

Wild Birch Protection Act , 1880. Cr. 35 .

justices in manner provided by the Petty Sessions (Ireland) 14 & is Viet.
Act, 1851, and any Act amending the same. c * 93 *

6 . All offences mentioned in this Act which shall be committed As to trial of
within the jurisdiction of the Admiralty shall be deemed to be
offences of the same nature and liable to the same punishments as if Admiralty
they had been committed upon any land in the United Kingdom, jurisdiction,
and may be dealt with, inquired of, tried, and determined in any

county or place in the United Kingdom in which the offender shall
be apprehended or be in custody or be summoned, in the same man¬
ner in all respects as if such offences had been actually committed
in that county or place; and in any information or conviction for
any such offence the offence may be averred to have been committed
“ on the high seas.” And in Scotland any offence committed against
this Act on the sea coast or at sea beyond the ordinary jurisdiction
of any sheriff, justice or justices of the peace, shall be held to
have been committed in any county abutting on such sea coast or
adjoining such sea, and may be tried and punished accordingly.

Where any offence under this Act is committed in or upon any
waters forming the boundary between any two counties, districts
of quarter sessions, or petty sessions, such offence may be prosecuted
before any justices of the peace or sheriff in either of such counties
or districts.

7. This Act shall come into operation on the first day of January Commence-
one thousand eight hundred and ei^hty-one, and on the same day ment of Act -
the Act passed in the session of Parliament holden in the thirty- Repeal of Acts,
second and thirty-third years of the reign of Her present Majesty,

entitled “ An Act for the preservation of Sea Birds,” and the Act 32 & 33 Viet,
passed in the session of Parliament holden in the thirty-fifth and c - 17 -
thirty-sixth years of the reign of Her present Majesty, entitled “ An 35 & 36 Viet.

“ Act for the protection of certain wild birds during the breeding c * 78 *

“ season,” and the Act passed in* the session of Parliament holden
in the thirty-ninth and fortieth years of the reign of Her present
Majesty, entitled “ An Act for the preservation of Wild Fowl,” shall 39 & 40 Viet,
be repealed. c * 29 .

8 . One of Her Majesty’s Principal Secretaries of State as to Great Extension or
Britain, and the Lord Lieutenant as to Ireland, may, upon appli-

cation of the justices in quarter sessions assembled of any county,
by order extend or vary the time during which the killing and
taking of wild birds or any of them is prohibited by this Act; after
the making of which order the penalties imposed by this Act in
respect of such wild birds shall in such county apply only to offences
committed during the time specified in such order; and the order
for the extension or variation of such time shall be published, if
made by the Secretary of State, in the London Gazette, or if made
by the Lord Lieutenant, in the Dublin Gazette, and a copy of the
London Gazette or Dublin Gazette containing any order made under
this Act shall be evidence of the same having been made.

9. The operation of this Act shall rfot extend to the Island Extent of Act.
of Saint Kilda, and it shall be lawful for one of Her Majesty’s
Principal Secretaries of State as to Great Britain, and for the

Lord Lieutenant as to Ireland, where it shall appear desirable, from
time to time, upon the application of the justices in quarter sessions
assembled in any county to exempt any such county or part or
[the law reports.] P

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220

Ch. 35, 36. Wild Birds Protection Act, 1880. 43 & 44 Vict.

parts thereof, as to all or any wild birds, from the operation of
this Act; and every such order shall be published and may be
proved in the manner provided in the preceding section.

American quail.

SCHEDULE.

Kittiwake.

Sealark.

Auk.

Lapwing.

Seamew.

Avocet.

Loon.

Sea parrot.

Bee-eater.

Mallard.

Sea swallow.

Bittern.

Marrot.

Shearwater.

Bonxie.

Merganser.

Shell drake.

Colin.

Murre.

Shoveller.

Cornish chough.

Night-hawk.

Skua.

Coulterneb.

Night-jar.

Smew.

Cuckoo.

Nightingale.

Snipe.

Curlew.

Oriole. •

Solan goose.

Diver.

Owl.

Spoonbill.

Dotterel.

Ox bird.

Stint.

Diinbird.

Oyster catcher.

Peewit.

Stone curlew.

Dunlin.

Stonehatch.

Eider duck.

Petrel.

Summer snipe.

Fern-owl.

Phalarope.

Tarrock.

F ulmar.

Plover.

Teal.

Gannet.

Ploverspage.

Tern.

Goatsucker.

Pochard.

Tliickknee.

God wit.

Puffin.

Tystey.

Goldfinch.

Purre.

Whaup.

Grebe.

Razorbill.

Whimbrel.

Greenshank.

Redshank.

Widgeon.

Guillemot.

Reeve or Ruff.

Wild duck.

Gull (except Black-

Roller.

Willoek.

backed gull).

Sanderling.

Woodcock.

Iloopoe.

Sandpiper.

Woodpecker.

Kingfisher.

Scout.

CHAPTER 36.

Repayment by
terminable
annuity of
deficit on
trustee savings
bank account.
26 & 27 Viet.

2f, & 27 Viet,
e. '!•>.

An Act to amend the Savings Banks Acts.

[7th September 1830.]

1 . Whereas in pursuance of the Savings Bank Investment Act,
1863, the National Debt Commissioners annually prepare a balance
sheet showing the assets and liabilities of the Commissioners in
respect of trustee savings banks on the previous twentieth day
of November, and the said balance sheet has annually shown a
deficiency of the said assets to meet the liabilities, and such deficiency
has in pursuance of the said Act been declared by the Treasury^ to
be a charge on the Consolidated Fund of the United Kingdom:

And whereas in the said balance sheet the securities forming part
of the assets have in pursuance of the said Act been valued at the
price which the like securities bore on the said day in the public

Digitized by CjOOQle

1880.

227

Savings Banks Act , 1880. Ch. 36.

market, and by reason of the adoption of that mode of valuation
and the variation in the price of securities the deficiency has in
some years appeared to have diminished, whereas if the securities
had in every year been valued at the same price such diminution
would not have appeared :

And whereas in pursuance of section seventeen of the Customs, 40 & 41 yi c t.
Inland Revenue, and Savings Banks Act, 1877, the National Debt c. 13 .
Commissioners annually make out an account with respect to the
year ending on the previous twentieth day of November, showing
on the one side the interest accrued on the above-mentioned assets,
and showing on the other side the interest paid and credited to the
trustees of trustee savings banks, and the interest accrued is annually
insufficient to meet the interest paid and credited, and such deficiency
has been paid out of moneys provided by Parliament:

And whereas it is expedient to make further provision respecting
the above-mentioned balance sheet and deficiencies : Be it therefore
enacted as follows:

(1.) In every balance sheet of the assets and liabilities of the
National Debt Commissioners in respect of trustee savings banks
prepared after the passing of this Act in pursuance of the Savings
Bank Investment Act, 1863, the assets besides being valued in 26 & 27 Viet,
manner directed by the said Act shall also be valued as follows; c * 25 ’
that is to say,

The Government stock shall be valued at such sum as would, if
invested to yield three and a quarter per centum per annum,
produce the same income as the said stock ;

The terminable annuities shall be valued at the total amount of
the future payments after deducting discount at the rate of
three and a quarter per centum per annum ; and

The residue of the assets shall be valued at par.

The sum by which the assets, valued as directed by this Act,
in the balance sheet prepared for the year ending on the twentieth
day of November one thousand eight hundred and eighty are
insufficient to meet the liabilities of the National Debt Commis¬
sioners in respect of trustee savings banks on that day is in this
Act referred to as the capital deficiency. There shall be added to
the said capital deficiency the sum (if any) bv which during the year
ending on the last-mentioned day the interest accrued from the
assets of the National Debt Commissioners in respect of trustee
savings banks was insufficient to meet the interest paid and credited
to tfie trustees of the trustee savings banks.

For the purpose of paying to the National Debt Commissioners
the total deficiency so ascertained, the Treasury shall, by warrant
under their hands, create and direct the Governor and Company
of the Bank of England to inscribe in their books for the National
Debt Commissioners on the trustee savings banks account a termi¬
nable annuity for such number of years, not exceeding twenty-eight,
computed from the first day of April one thousand eight hundred
and eighty-one, as the Treasury think expedient, of such an amount
as will pay off the said total deficiency if the interest is calculated
at the rate of three and a quarter per centum per annum.

The said annuity shall be charged upon the Consolidated Fund,
and shall be added to and paid out of the permanent annual charge

P 2

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228

Ch. 36.

43 & 44 VlCT.

3*2 & 33 Viet,
c. 59.

Reduction of
rate of interest
in the case of
trustee savings
banks.

26 & 27 Viet,
c. 87.

Investment of
deposits in
savings banks
in Government
stock.

Savings Banks Act , 1880.

for the National Debt, and the permanent annual charge for the
National Debt shall, during the period for which the said annuity
is created, be increased by the amount of the annuity.

Sections four, five, six, and seven of the Savings Bank Invest¬
ment Act, 1869, shall apply to such terminable annuity in like
manner as they apply to the terminable annuities created in pur¬
suance of that Act for the National Debt Commissioners on account
of savings banks.

2. After the twentieth day of November one thousand eight
hundred and eighty, all receipts issued either before or after that
day to the trustees of trustee savings banks by the National Debt
Commissioners, in respect of money paid into the Banks of England
or Ireland by such trustees, shall carry interest at the rate of three
per centum per annum, and the Trustee Savings Banks Act, 1863,
shall be construed as if three pounds were throughout section
twenty-one of that Act substituted for three pounds five shillings.

From and after the same day, the interest payable to depositors
by the trustees of any trustee savings bank shall not exceed the
rate of two pounds fifteen shillings per centum per annum.

3. —(1.) Subject to the regulations under this Act, any deposit
in a trustee or Post Office savings bank, or any part of such deposit,
may on the request of the depositor be invested by the savings
bank authority in any Government stock; provided that—

(a.) The sum invested shall not be less than ten pounds, or the
amount of the current price of ten pounds stock with the
addition of the commission, whichever sum is least:

(6.) The amount of stock credited to any one account in any
savings bank year (whether any stock has been previously
sold or not) shall not exceed one hundred pounds stock:

(c.) The whole amount of stock credited to any one account
shall not exceed three hundred pounds stock.

(2.) Subject to the regulations under this Act, the depositor may
request the savings bank authority to sell the stock standing to his
account, or any part of such stock, not less than ten pounds stock,
or than stock of the value of ten pounds over and above the com¬
mission, whichever is least.

(3.) Upon request from a depositor for an investment in stock
under this section, the savings bank authority shall, in the pre¬
scribed manner, and on the prescribed day, not later than seven
days after the receipt of the request, charge the depositor with the
current price on that day of the stock and the commission, and
credit the depositor with the equivalent amount of stock out of
stock standing to the savings bank investment account of the
National Debt Commissioners, and send to the depositor a certificate
thereof in the prescribed form.

(4.) On a request for a sale of stock under this section the savings
bank authority shall, in the prescribed manner, and on the prescribed
day, not later than seven days after the receipt of the request,
discharge the savings bank investment account of the National Debt
Commissioners from the proper amount of stock and write the same
oft' from the account of that depositor, and credit him with the
current price on the said day of that stock after deducting commis¬
sion, and shall forthwith pay over the same to him.

Digitized by LjOOQle

1880.

Ch. 36.

229

Savings Banks Act , 1880.

(5.) The dividends on the Government stock credited to a de¬
positor shall, subject to the deduction of the commission, be dealt
with in the same manner as interest on the deposits of that depositor.

(6.) For the purpose of an immediate investment under this
section a deposit to an amount not exceeding the value of one
hundred pounds stock with the commission may be deposited in
one savings bank year, and in computing the maximum amount of
deposit allowable for a depositor in a savings bank, the value of the
amount of stock credited to the account of that depositor, or any
sum deposited for the sole purpose of an immediate investment in
stock, shall not be reckoned, and if by the price of any stock being
credited to him as aforesaid, or by the deposit of any sum for imme¬
diate investment in stock, his deposit is raised so as to be in excess
of the said maximum, that excess shall not bo deemed unlawful.

(7.) Subject to the regulations under this Act all sums received
by any savings bank authority for investment in Government stock
shall be paid over to the National Debt Commissioners, and shall
be invested in like manner as other moneys in the hands of those
Commissioners, and all sums required for the payment of the sums
credited to depositors as the price of stock sold shall be provided
and paid by the National Debt Commissioners in like manner as
sums required to repay deposits in saving banks.

The National Debt Commissioners shall keep to the prescribed
account (in this Act referred to as the savings bank investment
account) such amount of and description of Government stock as is
sufficient to meet the amounts and description of stock credited to
depositors in pursuance of this Act.

(8.) Subject to the regulations under this Act, on a request from
a depositor to obtain for him a stock certificate with coupons
annexed, under the National Debt Act, 1870, for such amount of 33 & 34 Viet,
stock standing to his account, being either fifty pounds or a multiple c * 71 •
of fifty pounds, as is specified in the request, the savings bank
authority shall, in the prescribed manner, write off the amount
of stock from the account of the said depositor, and procure from
the National Debt Commissioners a stock certificate for the same
amount of stock.

Provided, that the sum required to pay for the commission, the
expenses, and the fee for the stock certificate shall be paid by, or
debited in account to, the depositor in the prescribed manner.

(9.) There shall be charged the prescribed commission on the
investment and sale of stock and on the receipt of the dividends
under this section, and such commission shall be applied in the
prescribed manner in defraying the expenses incurred in carrying
into effect this section.

(10.) The current price for purchases and sales respectively on
any day shall be a price to be ascertained and certified on that day
in the prescribed manner.

(11.) Subject to the regulations made under this Act all enact¬
ments for the time being in force relating to savings banks, and all
regulations made in pursuance of those enactments, shall, so far as
% is consistent with the tenour thereof, be construed in like manner
as if the stock standing to the credit of any account were a deposit.

Digitized by t^ooQle

230

Regulations as
to investment
in Government
stock.

Definitions.

26 & 27 Viet,
c. 87.

84 & 35 Viet,
c. 17.

38 & 39 Vief.
c. 13.

Amendment of
26 & 27 Viet,
e. 87. s. 29., as
to the separate
surplus fund
of trustee
savings banks.

Commence¬
ment of Act.

Short title.

Ch. 36. SarinfjH Bank s Act , 1880. 43 & 44 Vict.

4. Subject to the provisions of this Act the Treasury, with the
consent of the National Debt Commissioners so far as any regula¬
tions relate to those Commissioners, and with the consent of the
Postmaster General so far as any regulations relate to Post Office
Savings Banks, may from time to time make and when made
revoke, alter, or add to regulations with respect to—

(1.) Investments in and sales of stock in pursuance of this Act;
and the receipt and payment of dividends on such stock;
and

(2.) Any other matter or thing necessary or proper for the pur¬
pose of carrying into effect this Act.

All regulations so made shall come into operation at the time
therein mentioned,* and shall be binding on all persons as if they
were enacted in this Act; and a copy thereof shall be laid before
both Houses of Parliament within one month after they are made
if Parliament be then sitting, and if not, within one month after
the commencement of the then next session of Parliament.

5. In this Act, unless the context otherwise requires—

The expression “ Postmaster General’' means Her Majesty’s Post¬
master General for the time being.

The expression “ Treasury ” means the Commissioners of Her
Majesty’s Treasury.

The expression “ Government stock ” means Consolidated Three
Per Cent. Bank Annuities, Reduced Three Per Cent. Bank
Annuities, and New Three Per Cent. Bank Annuities.

The expression “National Debt Commissioners” means the Com¬
missioners for the Reduction of the National Debt.

The expression “prescribed” means prescribed by the regula¬
tions made under this Act.

The expression “ trustee savings bank ” means a savings bank
to which the Trustee Savings Banks Act, 1863, extends.

The expression “savings bank authority” means as regards any
trustee savings bank the trustees of that bank, and as regards
the Post Office Savings Banks the Postmaster General.

The expression “ trustees ” includes managers.

A savings bank year shall be reckoned as the twelve months
ending, in the case of a trustee savings bank, on the twentieth day
of November, and in the case of a Post Office Savings Bank, on
the thirty-first day of December.

In computing time lor the purposes of this Act there shall be
excluded every Sunday and every day which is a holiday within
the meaning of the Bank Holidays Act, 1871, and the Holidays
Extension Act, 1875.

6 . Nothing in section twenty-nine of the Trustee Savings Banks
Act, 1863, shall require the trustees of any trustee savings bank to
ascertain, certify, and pay over annually to the National Debt Com¬
missioners the amount of any increased stock and property, except
when they are required so to do by the said Commissioners, and any
amount so paid over shall carry interest at the same rate as any
other sums standing to the credit of the said trustee savings bank.

7. This Act shall come into operation on the first day of November
one thousand eight hundred and eighty.

8 . This Act may he cited as the Savings Banks Act, 1880.

Digitized by

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1880.

231

Savings Banks Ad, 1880. Cir. 30, 37.

Each of the Acts set forth in the Schedule to this Act is in 26 & 2 " Viet,
this Act referred to and may be cited by the short title therein 2 6 & 27 Viet,
mentioned. c. 87.

SCHEDULE.

ACTS REFERRED TO.

• •

Session and Chapter. 1

Title.

Short Title.

26 & 27 Viet. c. 25. -

An Act to make further provision for
the investment of the moneys re¬
ceived by the Commissioners for
the Reduction of the National Debt
from the trustees of savings banks
established under the enactments of
the Act Ninth George the Fourth,
chapter ninety-two.

The Savings
Bank Invest¬
ment Act,

1863.

26 & 27 Viet. c. 87. -

An Act to consolidate and amend the
laws relating to savings banks.

The Trustee
Savings Banks
Act, 1863.

CHAPTER 37.

An Act for taking the Census of England.

[7th September 1880.]

W HEREAS it is expedient to take the census of England in
the year one thousand eight hundred and eighty-one:

. Be it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :

1. The Local Government Board shall have the care of superin¬
tending the taking of the census, and shall cause to be prepared
and printed, for the use of the persons to be employed in taking
it, such forms and instructions as the said Board shall deem neces¬
sary, and the Registrar General shall issue all such forms and
instructions to the persons for whose use they shall be intended;
and all the expenses which shall be incurred by authority of the
said Board, with the consent of the Treasury, under this Act, shall
be paid out of such moneys its shall be provided by Parliament for
that purpose.

2. Every registrars sub-district in England shall be formed into
enumerators divisions according to instructions to be prepared
by or under the direction of the said Board, who shall cause a
sufficient number of copies of such instructions to be sent to every
registrar of births and deaths in England ; and the registrars, with
all convenient speed, shall divide the several sub-districts into
enumerators divisions according to such instructions, and subject in
each case to the revision of the superintendent registrar, and to the
tinal revision and approval of the Registrar General.

3. The several registrars of births and deaths in England shall
make and return to their respective superintendent registrars a list

Local Govern¬
ment Board to
superintend the
taking of the
census.

Registrars sub-
districts to be
formed into
enumeiators
divisions.

Enumerators to
be appointed.

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232

Householders
schedules to be
left at dwelling-
houses.

Occupiers to
fill up the
schedules aud
sign and
deliver them to
the enumerator.

Penalty for
neglect.

Schedules to be
collected from
house to house,
and corrected
if found to be
erroneous.

Ch. 37. Cens'jLs Act , 1880. 43 & 44 Vict.

containing the names and places of abode of a sufficient number of
persons, duly qualified according to instructions to be prepared by
or under the direction of the said Board, to act as enumerators
within their several sub-districts, and such persons, when approved
of by the superintendent registrar, shall be appointed by him
enumerators for taking the census, subject nevertheless to the
approval of the Registrar General ; and the registrar, with the
approval of the superintendent registrar, shall assign a division to
each enumerator, and shall distribute to the severed enumerators in
his sub-district the forms and instructions which shall have been
issued for that purpose by the Registrar General, and shall personally
ascertain that each enumerator thoroughly understands the manner
in which the duties required of him are to be performed.

4. Schedules shall be prepared by or under the direction of the
said Board for the purpose of being filled up by or on behalf of
the several occupiers of dwelling-houses as herein-after provided,
with particulars of the name, sex, age, rank, profession or occupa¬
tion, condition as to marriage, relation to head of family, and birth¬
place of every living person who abode in every house on the
night of Sunday the third day of April one thousand eight hundred
and eighty-one, and also whether any were blind, or deaf and
dumb, or imbecile or lunatic; and the registrars in England shall
in the course of the week ending on Saturday the second day of
April in the said year one thousand eight hundred and eighty-
one leave or cause to be left at every dwelling-house within their
respective sub-districts one or more of the said schedules for the
occupier or occupiers thereof or of any part thereof, and upon every
such schedule shall be plainly expressed that it is to be filled up by
the occupier of such dwelling-house, (or where such dwelling-house
is let or sub-let in ditferent stories or apartments, and occupied
distinctly by different persons or families, by the occupier of each
such distinct story or apartment,) and that the enumerator will
collect all such schedules within his division on the Monday then
next following.

Every occupier of any dwelling-house, or of any distinct story
or apartment in any dwelling-house, with or for whom any such
schedule shall have been left as aforesaid, shall fill up the said
schedule to the best of liis or her knowledge and belief, so far as
relates to all persons dwelling in the house, story, or apartment
occupied by him or her, and shall sign his or her name thereunto,
and shall deliver the schedule so filled up, or cause the same to be
delivered, to the enumerator when required so to do.

Every such occupier who shall wilfully refuse or without lawful
excuse neglect to fill up the said schedule to the best of his or her
knowledge and belief, or to sign and deliver the same as herein
required, or who shall wilfully make, sign, or deliver, or cause to be
made, signed, or delivered, any false return of all or any of the
matters specified in the said schedule, shall forfeit a sum not more
than five pounds nor less than twenty shillings.

5. The enumerators shall visit every house in their respective
divisions, and shall collect all the schedules so left within their
division from house to house, cO far as may be possible, on Monday
the fuurtii day of April in the said year one thousand eight hundred

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1880.

Ch. $7.

233

Census Act, 1880.

and eighty-one, and shall complete such of the schedules as upon
delivery thereof to them shall appear to be defective, and correct
such as they shall find to be erroneous, and shall copy the sche¬
dules, when completed and corrected, into books to be provided
them for that purpose, and shall add thereunto an account, according
to the best information which they shall be able to obtain, of all
the other persons living within their division who shall not be
included in the schedules so collected by them.

6 . Every enumerator shall also take an account of the occupied Enumerators to
houses, and of the houses then building and therefore uninhabited,

and also of all other uninhabited houses within his division, and and to
shall also take an account of all such particulars herein-before men-
tinned, and none others, according to the forma and instructions parishes, 1 ** °
which may be issued under this Act; and in the book into which boroughs, &c.
lie shall have copied the householders schedules and other particu¬
lars, as herein-before directed, each enumerator shall distinguish the
several civil parishes within his division, or such parts thereof as
shall be within his division, and shall also distinguish those civil
parishes or parts of civil parishes within his division which are
within the limits of any city or borough returning or contributing
to return a member or members to serve in Parliament, or of any
incorporated city or borough, or of any urban sanitary district, or
of any rural sanitary district, or of any ecclesiastical district or
parish, or of any area prescribed in that behalf by the instructions,
and shall deliver such book to the registrar of the sub-district, Enumerators to
together with the householders schedules collected by him, and shall took^wUMhe
sign a form or declaration to the effect that the said book has been householders C
truly and faithfully filled up by him, and that to the best of his schedules, to
knowledge the same is correct, which form of declaration shall be the registrar,
prepared by or under the direction of the Local Government Board
and issued by the Registrar General with the forms and instructions
aforesaid.

7. The registrar to whom such enumerators books shall be Registrars to
delivered shall examine the same, and shall satisfy himself that the
instructions in each case have been punctually fulfilled, and if not books.
shall cause any defect or inaccuracy in the said book to be supplied

so far as may be possible; and when the books shall have been
made as accurate as is possible the registrar shall deliver them to
the superintendent registrar of his sub-district, and thereafter shall
transmit the householders schedules to the Registrar General.

8 . The superintendent registrar shall examine all the books which Superintendent
shall be so delivered to him, and shall satisfy himself how far the exam^ne^ihe
registrars have duly performed the duties required of them by this enumerators
Act, and shall cause any inaccuracies which he shall discover in book* and
such books to be corrected so far as may be possible, and shall [he^eSstm^ 0
return on or before the second day of May one thousand eight hun- General,
dred and eighty-one, or such other day as may be fixed by the
Registrar General, all the said books to the Registrar General for

the use of the Local Government Board.

9. The said Board shall cause a detailed abstract to be made of An abstract of
the said returns; and also a preliminary abstract which shall* be returns to be
printed and laid before both Houses of Parliament within three ^dl^ore* 1
calendar months next after the first day of June in the year one Parliament.

Digitized by t^ooQle

234

Makers, &c.
of gaols, &c. to
be appointed
enumerators of
the inmates
thereof.

Overseers,
peace n(liners,
and relieving
officers of
unions forniei!
tinder

4 Sc .*> Will. 4.
c. 76. bound to
act as enume¬
rators.

Returns of
persons travel¬
ling or on ship¬
board, or not
in houses.

Table of allow¬
ances to enu¬
merators and
others.

Payments to be
certified to the
Registrar
General.

Manner in
which the
payments shall
be made to
persons em¬
ployed in
execution of
this Act in
England.

Oh. *37. Census Act , 1880. 43 k 44 Vtct.

thousand eight hundred and eighty-one, if Parliament be sitting, or
if Parliament be not sitting, then within the first fourteen days of
the session then next ensuing.

10. The master or keeper of every gaol, prison, or house of
correction, workhouse, hospital, or lunatic asylum, and of every
public or charitable institution, which shall be determined upon
by the Registrar General, shall be the enumerator of the inmates
thereof, and shall be bound to conform to such instructions as shall
be sent to him by the authority of the said Board for obtaining the
returns required by this Act, so far as may be practicable, with
respect to such inmates.

11 . The overseers of the poor in every civil parish in England,
and the constables or other peace officers for such civil parishes, and
the relieving officers of any uuion or civil parish notin union having
a board of guardians acting under the Poor Law Amendment Act,
1834, or the Acts amending the same, shall be bound to act as
enumerators under this Act within their respective civil parishes
and unions, if required so to act by the said Board ; and where
they shall so act shall be entitled to allowances as enumerators
under the provisions of this Act; and every such overseer, relieving
officer, constable, and other peace officer who shall refuse or wilfully
neglect so to act, and duly to perform the duties required of the
said enumerators by this Act, shall for every such offence forfeit a
sum not more than ten pounds nor less than five pounds.

12. The Local Government Board shall obtain, by such ways and
means as shall appear to them best adapted for the purpose, returns
of the particulars required by this Act with respect to all persons
who during the said night of Sunday the third day of April were
travelling or on shipboard, or for any other reason were not abiding
in any house of which account is to be taken by the enumerators
and other persons as aforesaid, and shall include such returns in the
abstract to be made by them as aforesaid.

13. The said Board shall cause to be prepared a table of allow¬
ances to be made to the several enumerators, registrars, superin¬
tendent registrars, and other persons in England employed in the
execution of this Act; and such table, when approved by the
Treasury, shall be laid before both Houses of Parliament on or before
the first day of March one thousand eight hundred and eighty-one,
if Parliament be sitting, or if Parliament be not sitting, then within
the first fourteen days of the session then next ensuing.

14. The superintendent registrar of every district in England
shall within one calendar month next after the taking of the census
certify to the Registrar General the total amount of the allowances to
which he, and the registrars, enumerators, and other persons in that
district, are respectively entitled according to the said table.

15. The Treasury shall, through the Registrar General, pay to
each superintendent registrar, out of the moneys provided by Par¬
liament for that purpose, the whole amount of the allowances to
which the said superintendent registrar, and the registrars, enume¬
rators, and other persons in each district, are severally entitled
according to the said table ; and each superintendent registrar shall
pay over to the registrars in his district the allowances to which
they the said registrars are entitled, and shall also pay over or

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IS so.

Cn. 37.

235

Ccmus Act , 1880.

cause to be paid over to the enumerators and other persons in his
district the allowances to which they are severally entitled accord¬
ing to the said table; and the receipts to be given by the enume¬
rators and other persons and registrars for payment of their said
allowances shall be delivered to the superintendent registrar, who
shall transmit the same, together with the receipt for his own
allowance, to the Registrar General.

Provided that no such payment shall be made to any enumerator
or other person who shall be required to act as an enumerator under
this Act, but upon production of a certificate under the hand of the
registrar that the duties required of such enumerator or other person
acting as enumerator by this Act have been faithfully performed,
and the like certificate shall be required under the hand of the
superintendent registrar with respect to the registrar before any
payment shall be made to the registrar, and the like certificate
under the hand of the Registrar General with respect to the
superintendent registrar before any payment shall be made to the
superintendent registrar.

16. Every superintendent registrar and registrar, and every
enumerator and other person who is bound under this Act if re¬
quired to act as enumerator, making wilful default in any of the
matters required of them respectively by this Act, or making any
wilfully false declaration, shall for every such wilful default or
false declaration forfeit a sum not Exceeding five pounds nor less
than two pounds,

17. The enumerators and other persons employed in the execu¬
tion of this Act shall be authorized to ask all such questions as shall
be directed in any instructions to be prepared by or under the
direction of the Local Government Board, which shall be necessary
for obtaining the returns required by this Act; and every person
refusing to answer or wilfully giving a false answer to such ques¬
tions, or any of them, shall for every such refusal or wilfully false
answer forfeit a sum not exceeding five pounds nor less than
twenty shillings.

18. All penalties imposed by this Act shall be recovered in a
summary manner before two justices of the peace having jurisdiction
in the county or place where the offence is committed in the manner
prescribed by law in this behalf.

19. In this Act—

The expression “ civil parish ” meaus a place for which a separate
poor rate is or can be made, and has in the metropolis the same
meaning as in the Metropolis Management Act, 1855.

The expression “ dwelling-house ” shall include all buildings and
tenements of which the whole or any part shall be used for the
purpose of human habitation.

The expression “ Treasury ” means the Commissioners of Her
Majesty's Treasury.

20. This Act may be cited as the Census Act, 1880.

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Penalty on
persons for
wilful default.

Penalty for
refusing infor¬
mation or
givina false
answers.

Recovery of
penalties.

Interpretation
of terms.

18 & 19 Viet,
c. 120.

Title of the Act.

236

Ch. 38.

Census (Scotland) Act, 1880.

43 & 44 Vicr.

Secretary of
State to super¬
intend census.

Copy of this
Act to be sent
to every sheriff
and the chief
magistrate of
Edinburgh, &c.

Registrars
di>tricts to be
formed into
enumerators
divisions.

Enumerators to
be appointed.

CHAPTER 38.

An Act for taking the Census of Scotland.

[7th September 1880.]

W HEREAS it is expedient to take the census of Scotland in
the year one thousand eight hundred and eighty-one:

1 . One of Her Majesty's Principal Secretaries of State (herein¬
after called the Secretary of State) shall have the care of superin¬
tending the taking of the census of Scotland, and shall cause to be
prepared and printed, for the use of the persons to be employed in
taking it, such forms and instructions as he shall deem necessary,
and the Registrar General for Scotland shall issue all such forms
and instructions to the persons for whose use they shall be intended ;
and all the expenses which shall be incurred by authority of such
Secretary of State, with the consent of the Commissioners of Her
Majesty's Treasury, under this Act, shall be paid out of such moneys
as shall be provided by Parliament for that purpose.

2. The Registrar General for Scotland shall send a printed copy
of this Act to the sheriff of every county in Scotland, and to the
chief magistrate of the burghs of Edinburgh, Glasgow, Dundee,
Aberdeen, Greenock, Paisley, Leith, and Perth.

3. Every registrar’s district in Scotland shall be formed into
enumerators divisions according to instructions to be prepared by
or under the direction of such Secretary of State, who shall cause
a sufficient number of copies of such instructions to be sent to every
registrar of births, deaths, and marriages in Scotland; and the
registrars, with all convenient speed, shall divide the several districts
into enumerators divisions according to such instructions, and
subject in each case to be revised by the sheriff of the county or the
chief magistrate of the burgh, being one of the burghs mentioned
in the second section hereof, as the case may be.

4. The several registrars of births, deaths, and marriages in
Scotland shall make and return, in the case of the burghs men¬
tioned in the second section hereof to the chief magistrate of the
burgh, and in the case of every other burgh and of every county to
the sheriff of the county, a list containing the names and places of
abode of a sufficient number of persons, duly qualified according to
instructions to be prepared by or under the direction of the Secretary
of State, to act as enumerators within their several districts, and
such persons, when approved of by the sheriff or chief magistrate,
shall be appointed by the registrar, by any writing under his hand,
enumerators for taking the census ; and the registrar, with the like
approval, shall assign a division to each enumerator, and shall dis¬
tribute to the several enumerators in his district the forms and
instructions which shall have been issued for that purpose by the
Registrar General for Scotland, and shall personally ascertain that
each enumerator thoroughly understands the manner in which the
duties required of him are to be performed.

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1880.

Census (Scotland) Act , 1880. Ch. 38. 237

5. Schedules shall be prepared by or under the direction of the Householders
Secretary of State for the purpose of being filled up by or on behalf
of the several occupiers in dwelling-houses as herein-after provided, houses,
with particulars of the name, sex, age, rank, profession or occu¬
pation, condition, relation to head of family, and birthplace of
every living person who abode in every house on the night of
Sunday the third day of April one thousand eight hundred and
eighty-one, and also whether any were blind, or deaf and dumb, or
imbecile or lunatic, and the registrars in Scotland shall in the course
of the week ending on Saturday the second day of April in the year
one thousand eight hundred and eighty-one leave or cause to be
left at every dwelling-house within their respective districts one or
more of the said schedules for the occupier or occupiers thereof or. of
any part thereof, and upon every such schedule shall be plainly
expressed that it is to be filled up by the occupier of such dwelling-
house, (or where such dwelling-house is let in different stories or
apartments, and occupied distinctly by different persons or families,
by the occupier of each such distinct story or apartment,) and that
the enumerator will collect all such schedules within his division
on the Monday then next following; and every occupier of any Occupiers to fill
dwelling-house, or of any distinct story or apartment in any dwell- ^hedules and
ing-house, with or for whom any such schedule shall have been sign and
left as aforesaid, shall fill up the said, schedule to the best of his or return them to
her knowledge and belief, so far as relates to all persons dwelling in ^ enumerator,
the house, story, or apartment occupied by him or her, and shall
sign his or her name thereunto, and shall deliver the schedule so
filled up, or cause the same to be delivered, to the enumerator when
required so to do ; and every such occupier who shall wilfully Penalty for
refuse or without lawful excuse neglect to fill up the said schedule ne £ lect
to the best of his or her knowledge and belief, or to sign and deliver
the same as herein required, or who shall wilfully make, sign, or
deliver, or cause to be made, signed, or delivered, any false return
of all or any of the matters specified in the said schedule, shall
forfeit a sum not more than five pounds nor less than twenty
shillings.

6 - The enumerators shall visit every house in their respective Schedules to he
divisions, and shall collect all the schedules so left within their house U) house
division from house to house, so far as may be possible, on Monday and corrected. ’
the fourth day of April in the year one thousand eight hundred found to be
and eighty-one, and shall complete such of the schedules as upon erroneous *
delivery thereof to them shall appear to be defective, and correct
such as they shall find to be erroneous, and shall copy the schedules,
when completed and corrected, into books to be provided them for
that purpose, and shall add thereunto an account, according to the
best information which they shall be able to obtain, of all the other
persons living within their division who shall not be included in the
schedules so collected by them.

7. Every enumerator shall also take an account of the occupied Enumerators to
houses, and of the houses then building and therefore uninhabited,
and also of all other uninhabited houses within his division, stating and to
the number of rooms, including the kitchen, if any, as a room, ‘i^tiuguish th;-
having a window or windows, not being windows with a borrowed parlshes'and 1
light, in each dwelling-house, and shall also take an account of all burghs.

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238

Ch. 38.

43 i 44 Vicr.

Enumerators to
deliver their
books, with the
householders
schedules, to
the registrar.

Registrars to
verify the
enumerators
books and
deliver them to
the sheriff, &c.

Returns to be
given to the
sheritts of
counties and
chief magis¬
trates of
Edinburgh, &c.

Census (Xeutlanrf) Ad, 1880.

the particulars herein-before mentioned, and none other, according
to the forms and instructions which may be issued under this Act;
and in the book into which he shall have copied the householders
schedules and other particulars, as herein-before directed, each
enumerator shall distinguish the several parishes and school board
districts within his division, or such parts thereof as shall be
within his division, and shall also distinguish those parishes or parts
of parishes within his division which are within the limits of any
city or burgh returning or contributing to return a member or
members to serve in Parliament, or any royal burgh or any place
in which either of the General Police and Improvement Acts,
thirteenth and fourteenth Victoria, chapter thirty-three, or twenty-
fifth and twenty-sixth Victoria, chapter one hundred and one, has
been adopted, and shall deliver such book to the registrar of the
district, together with the householders schedules collected by him,
and shall sign a form or declaration to the effect that the said
book has been truly and faithfully filled up by him, and that to
the best of his knowledge the same is correct, which form of declara¬
tion shall be prepared by or under the direction of such Secretary
of State, and issued by the Registrar General for Scotland with the
forms and instructions aforesaid.

8 . The registrar to whom such enumerators books shall be
delivered shall examine the same, and shall satisfy himself that the
instructions in each case have been punctually fulfilled, and if not
shall cause any defect or inaccuracy in the said books to be supplied
so far as may be possible; and when the books shall have been
made as accurate as is possible the registrar shall deliver them to
the sheriff of the county or the chief magistrate of the burgh, being
one of the burghs mentioned in the second section hereof, as the
case may be, as herein-after provided, and thereafter shall transmit
the householders schedules to the Registrar General for Scotland.

9. The sheriff of every county and the chief magistrate of each of
the burghs mentioned in the second section hereof shall appoint a
time or times, which shall not be earlier than the ninth nor later
than the twenty-third day of April one thousand eight hundred
and eighty-one, for the registrars of districts within their respective
jurisdictions to attend at such places as they may appoint, with the
books filled up under this Act, of which times and places intimation
shall be given to the registrars in such manner as shall be directed
by the sheriffs and chief magistrates respectively, who shall then
and there receive from the registrars the said books, and cause every
registrar to make a declaration to the effect that to the best of his
knowledge the same are correct; and the sheriffs and chief magis¬
trates, if they see cause, may examine the registrars touching any
of the matters to which the books relate, and shall cause any inac¬
curacies which they shall discover in such books to be corrected
so far as may be possible, and shall thereafter direct the sheriff clerk
of the county or the town clerk of the burgh, being one of the
burghs mentioned in the second section hereof, as the case may be,
to indorse the same (if not previously indorsed) with the name of
the county wherein the parish or place therein mentioned is situate,
or otherwise (where any of the said sheriffs shall think proper)
they shall direct the registrar to verify the said books before any

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Ch. 38.

239

1880. Census (Scotland) Act , 1880.

justice of the peace of their respective counties, and thereafter to
transmit the same previously to the said twenty-third day of April
in any convenient manner to the said sheriffs, who shall direct
the same to be indorsed as aforesaid.

10. The sheriffs of counties and the chief magistratas of each of Sheriffs of
the burghs mentioned in the second section hereof shall, on or before ®®? u f t ^ s | a ^ d
the fourth day of May one thousand eight hundred and eighty- tratos'of^ 8
one, transmit all the books by them received fr.>m the registrars Hamburgh. &c.
(together with a list of the parishes and places, including the burghs

not mentioned in the second section hereof, within their respective transmit them
couuties and burghs, being burghs mentioned in the said section, to the Keg'.s-
from whence no returns have been made to them,) to the office of trar (je,ural -
the Registrar General for Scotland for the use of the Secretary of
State: Provided always, that such Registrar General may empower
the said sheriffs or chief magistrates, or any of them, on a special
application to that effect, to retain the said books for any period
not later than the sixteenth day of May of tbe said year.

11. The Secretary of State shall cause an abstract to be made of An abstract of
the said returns ; and such abstract shall be printed, and laid before returns to be
both Houses of Parliament within twelve calendar months next

after the first day of June in the year one thousand eight hundred Parliament,
and eighty-one, if Parliament be sitting, or if Parliament be not
sitting, then within the first fourteen days of the session then next
ensuing.

12. The governor, master, or keeper of every gaol, prison, or Governors, *c.
house of correction, poorhouse, hospital, or lunatic asylum, and of n^'ioiuteil f °
every public or charitable institution, which shall be determined enuimTaU)^ of
upon by the said Registrar General, shall be the enumerator of the the inmates
inmates thereof, and shall be bound to conform to such instructions fhercof *

as shall be sent to him by the authority of the Secretary of State
for obtaining the returns required by this Act, so far as may be
practicable, with respect to such inmates.

13. The inspectors and assistant inspectors of poor in every Inspectors of
parish or combination in Scotland shall be bound to act as eiiuine- P oor » &c * boun d
rators under this Act within their respective parishes and com- enumerators,
binations, if required so to act by the authority of the Secretary of

State, and when they shall so act shall be entitled to allowances
as enumerators under the provisions of this Act; and every such
inspector or assistant inspector of poor who shall refuse or wilfully
neglect so to act and duly to perform the duties required of the
said enumerators by this Act, shall for every such offence forfeit
a sum not more than ten pounds nor less than five pounds.

14. The Secretary of State shall obtain, by such ways and means Returns of
as shall appear to him best adapted for the purpose, returns of rf^ereon 1,
the particulars required by this Act with respect to all houseless traveiling r or DS
persons, and all persons who during the said night of Sunday the on shipboard,
third day of April were travelling or on shipboard, or for any other

reason were not abiding in any house of which account is to be
taken by the enumerators and other persons as aforesaid, and shall
include such returns in the abstract to be made by him as aforesaid.

15. The Secretary of State shall cause to be prepared a table of Table of allow-
allowances to be made to the several enumerators, registrars, sheriff ances to enu-
clerks, town clerks of burghs mentioned in the second section hereof, m £ ratore and

° 9 other person8

employed

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Ch. 38.

43 & 44 Vict.

240

Payments to be
certified to the
Registrar
General.

Manner in
which the
payments shall
he made to
persons em¬
ployed in
execution of
this Act.

Penalty for
wilful default.

Penalty for
refusing infor¬
mation or
giving false
answers.

Census (Scotland) Act , 1880.

and other persons in Scotland employed in the execution of this
Act; and such table, when approved by the Commissioners of
Her Majesty’s Treasury, shall be laid before both Houses of Parlia¬
ment on or before the first day of March one thousand eight hundred
and eighty-one, if Parliament be sitting, or if Parliament be not
sitting, then within the first fourteen days of the session then next
ensuing.

16. The sheriff of every county and the chief magistrate of
each of the burghs mentioned in the second section hereof shall,
within ono calendar month next after the taking of the census,
certify to the Registrar General for Scotland the total amount of
the allowances to which the registrars, enumerators, sheriff clerks,
town clerks of the said burghs, and other persons are respectively
entitled according to the said table.

17. The sheriffs of counties anrl the chief magistrates of the
burghs mentioned in the second section hereof shall grant to the
sheriff clerks and town clerks of the said burghs respectively, and
the several registrars, enumerators, or other persons employed in
the execution of this Act, such allowances as shall have been
certified as herein-before provided, together with any necessary
expenses incurred by them or any of them in the execution of this
Act, and shall order payment thereof to be made by the Queen’s
and Lord Treasurer's Remembrancer out of the moneys provided by
Parliament for that purpose, and he shall pay the same accordingly;
and the receipts to be given by the registrars enumerators, and
other persons for payment of their said allowances shall be delivered
to the sheriff clerk or such town clerk, as the case may be, who
shall transmit the same, together with the receipt for his own
allowance, to the Registrar General for Scotland : Provided always,
that no such payment shall be made to any enumerator or other
person who shall be required to act as an enumerator under this Act,
but upon production of a certificate under the hand of the registrar
that the duties required of such enumerator or other person acting
as enumerator by this Act have been faithfully performed, and the
like certificate shall be required under the hand of the sheriff or
such chief magistrate, as the case may be, with respect to the regis¬
trar, before any payment shall be made to him.

18. Every registrar, and every enumerator and other person who
shall be required to act as enumerator, so appointed as aforesaid,
making wilful default in any of the matters required of them
respectively by this Act, or making any wilfully false declaration,
shall for every such wilful default or false declaration forfeit a sum
not exceeding five pounds nor less than two pounds.

19. The enumerators and other persons employed in the execu¬
tion of this Act shall be authorized to ask all such questions as
shall be directed in any instructions to be prepared by or under
the direction of the Secretary of State which shall be necessary for
obtaining the returns required by this Act; and every person
refusing to answer or wilfully giving a false answer to such questions
or any of them shall for every such refusal or wilfully false answer
forfeit a sum not exceeding five pounds nor less than twenty
shillings.

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1880.

Census (Scotland) Act , 1880. Off. 38, 39. .241

20. All offences committed in contravention of this Act shall Recoveiy and

be prosecuted, and all penalties imposed by this Act shall be reco- of

vered before the sheriff in a summary manner, under the provisions 27 & 28 Viet,
of the Summary Procedure Act, 1864 ; and every such penalty shall $3-

be paid, one half to the informer, and the other half to the Queens
and Lord Treasurer’s Remembrancer on behalf of Her Majesty.

21. The term “ sheriff” shall include “ sheriff substitute ”; the Interpretation
term “ dwelling-house ” shall include all buildings and tenements 0 terms *

of which the whole or any part shall be used for the purpose of
human habitation.

22. This Act may be cited as the Census (Scotland) Act, 1880. Short title.

CHAPTER 39.

An Act to confer jurisdiction in Lunacy upon the County
Courts in Ireland in certain cases. [7th September 1880.]

B E it enacted by the Queen’s most Excellent Majesty, by and '
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as x follows:

1 # This Act may be cited for all purposes as the County Court Short title.
Jurisdiction in Lunacy (Ireland) Act, 1880.

2. From and after the passing of this Act, every Civil Bill Court Jurisdiction,
in Ireland shall have and may exercise, with reference to persons
who reside within the jurisdiction of such Civil Bill Court and
whose property, or the net estimated value of whose property, does
not exceed the sum of seven hundred pounds sterling in respect of
the corpus thereof, or the sum of fifty pounds sterling per annum
in respect of the income thereof, all the jurisdiction, power, and
authority in lunacy of the Lord Chancellor of Ireland for the time
being intrusted by virtue of the Queen’s Sign Manual with the
care and commitment of the custody of the persons and estates of
persons found idiot, lunatic, or of unsound mind.

The several provisions of the County Officers and Courts (Ireland) 40 & 41 Vict.
Act, 1877, so far as they relate to equitable jurisdiction and are c# 36 *
applicable, shall apply to all proceedings instituted under this Act,
as if the jurisdiction conferred by this Act had been conferred by
the second part of the said Act; and this Act shall, so far as is
consistent with the tenor thereof, be construed with the said County 40 & 41 vict -
Officers and Courts (Ireland) Act, 1877, and with the Lunacy 3 4 5 & 35 yj ct .
Begulation (Ireland) Act, 1871; and the power of making rules and c . 22 .
orders contained in the County Officers and Courts (Ireland) Act, 40 & 41 Vict.
1877, shall include the power of making rules and orders for c ‘ 5G *
carrying the purposes of this Act into effect, and prescribing the
forms of proceedings and the duties of officers under it.

[the LAW RETORTS.]

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242

Issue of
13,614,207/.
out of the
Consolidated
Fund.

Power for the
Treasury to
borrow.

Appropriation
of sums voted
for supply
services.

43 & 44 Viet,
c. 3.

43 & 44 Viet,
c. 30.

43 & 44 Viet
c. 3.

Ch. 40. Apjn'opriation Act , 1880 (Session 2). 43 & 44 Yicrr.

CHAPTER 40.

An Act to apply a sum out of the Consolidated Fund to
the service of the year ending on the thirty-first day of
March one thousand eight hundred and eighty-one, and
to appropriate the Supplies granted in this Session of
Parliament. [7th September 1880.]

Most Gracious Sovereign,

W E, Your Majesty's most dutiful and loyal subjects, the Commons
of the United Kingdom of Great Britain and Ireland in
Parliament assembled, towards making good the supply which we
have cheerfully granted to Your Majesty in this session of Parlia¬
ment, have resolved to grant unto Your Majesty the sum herein¬
after mentioned; and do therefore most humbly beseech Your
Majesty that it may be enacted ; and be it enacted by the Queens
most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows;

Grant out of Consolidated Fund.

1 . The Commissioners of Her Majesty's Treasury for the time
being may issue out of the Consolidated Fund of the United
Kingdom of Great Britain and Ireland, and apply towards making
good the supply granted to Her Majestj r for the service of the
year ending on the thirty-first day of March one thousand eight
hundred and eighty-one, the sum of thirteen million six hundred
and fourteen thousand two hundred and seven pounds.

2. The Commissioners of Her Majesty’s Treasury may borrow
from time to time, on the credit of the said sum of thirteen million
six hundred and fourteen thousand two hundred and seven pounds,
any sum or sums of equal or less amount in the whole, and shall
repay the moneys so borrowed, with interest not exceeding five
pounds per centum per annum, out of the growing produce of the
Consolidated Fund at any period not later than the next succeeding
quarter to that in which the said moneys were borrowed.

Any moneys so borrowed shall be placed to the credit of the
account of Her Majesty’s Exchequer, and shall form part of the
said Consolidated Fund, and be available in any manner in which
such fund is available.

Appropriation of Grants.

3. All sums granted by this Act and the other Acts mentioned in
Schedule (A) annexed to this Act out of the said Consolidated Fund
towards making good the supply granted to Her Majesty, amount¬
ing, as appears by the said Schedule, in the aggregate, to the sum of
twenty-nine million three hundred and fifty-seven thousand eight
hundred and one pounds, are appropriated and shall be deemed to
have been appropriated as from the date of the passing of the first
of the Acts mentioned in the said Schedule (A.) for the purposes and
services expressed in Schedule (B.) annexed hereto.

The abstract of schedules and schedules annexed hereto, with the
notes (if any) to such schedules, shall be deemed to be part of this Act
in the same manner as if they had been contained in the body thereof

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1880.

243

Appropriation Act , 1880 (Session 2). Ch. 40.

4 . So much of the Act passed in the forty-third year of Her
present Majesty, chapter thirteen, as limits or restricts the issue or
application of the several sums granted to Her Majesty to services
voted in that session of Parliament shall be and the same is hereby
repealed; and the sums granted by the said Act, and those granted
by this Act, shall and may be issued and applied generally to any
use, intent, or purpose mentioned in, or to defray any payment
directed to be satisfied by, this Act, or by the Act of the last session
of Parliament, chapter thirteen; anything in the said recited Act
or in this Act to the contrary thereof in anywise notwithstanding.

5. If a necessity arise for incurring expenditure not provided for
in the sums appropriated to naval and military services by this
Act, or by the said recited Act of the last session of Parliament,
and which it may be detrimental to the public service to postpone
until provision can be made for it by Parliament in the usual course,
each of the departments entrusted with the control over the said
services shall forthwith make application in writing to the Commis¬
sioners of Her Majesty's Treasury for their authority to defray
temporarily such expenditure out of any surpluses which may have
been or which may be effected by the saving of expenditure upon
votes within the same department, and in such application the
department shall represent to the Commissioners of the Treasury the
circumstances which may render such additional expenditure neces¬
sary, and thereupon the said Commissioners may authorise the
expenditure unprovided for as aforesaid to be temporarily defrayed
out of any surpluses which may have been or which may be effected
as aforesaid upon votes within the same department; and a state¬
ment showing all cases in which the naval and military depart¬
ments have obtained the sanction of the said Commissioners to
any expenditure not provided for in the respective votes aforesaid,
accompanied by copies of the representations made to them by the
said departments, shall be laid before the House of Commons with
the appropriation accounts of navy and army services for the year,
in order that such proceedings may be submitted for the sanction of
Parliament, and that provision may be made for the deficiencies upon
the several votes for the said services in such manner as Parliament
may determine.

The Commissioners of the Treasury shall not authorise any
expenditure which may cause an excess upon the aggregate sums
appropriated by this Act for naval services and for army services
respectively.

6. Whereas the Commissioners of the Treasury, under the powers
vested in them by the Act of the session held in the'forty-first and
forty-second years of the reign of Her present Majesty, chapter
sixty-five, have authorised expenditure not provided for in the sums
appropriated by the said Act to certain votes for naval and militaiy
services for the year ended on the thirty-first day of March one
thousand eight hundred and seventy-nine, to be in part temporarily
defrayed out of the balances unexpended in respect of the sums
appropriated to certain other votes for naval and military services
for the said year ; viz.,

1st. Expenditure for certain navy services unprovided for, tem¬
porarily defrayed to the extent of one hundred and ninety-
Q 2

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Repeal of part
of 43 Viet. c.13.
Sams granted
to be applied
as directed by
this or recited
Act.

43 Viet. c. 13.

Treasury may,
in certain cases
of exigency,
authorise
expenditure
unprovided
for; provided
that the aggre¬
gate grants for
the navy
services and
for the army
services
respectively be
not exceeded.

Sanction for
navy and army
expenditure
for 1878-79
unprovided for.
41 & 42 Viet,
c. 65.

244

Declaration
required in
certain cases
before receipt
of sums
appropriated.

Short title of
Act.

Ch. 40. Appropriation Act , 1880 (Session 2). 43 & 44 Vicr.

seven thousand one hundred and sixteen pounds fourteen
shillings and one penny out of the unexpended balances
of certain other votes for navy services:

2d. Expenditure for certain army services unprovided for, tempo¬
rarily defrayed to the extent of four hundred and thirty-
two thousand three hundred and four pounds eleven
shillings and sixpence out of the unexpended balances of
certain other votes for army services, and out of the sum
realised in excess of the estimated appropriations in aid:
It is enacted, that the application of the said sums is hereby
sanctioned.

7 . A person shall not receive any part of a grant which may be
made in pursuance of this Act for half-pay, or army, navy, or civil
non-effective services until he has'subscribed such declaration as may
from time to time be prescribed by a warrant of the Commissioners
of Her Majesty’s Treasury before one of the persons prescribed by
such warrant

Provided that, whenever any such payment is made at more
frequent intervals than once in a quarter, the Commissioners of
Her Majesty’s Treasury may dispense with the production of more
than one declaration in respect of each quarter.

Any person who makes a declaration for the purpose of this section,
knowing the same to be untrue in any material particular, shall be
guilty of a misdemeanor.

8 . This Act may be cited for all purposes as the Appropriation
Act, 1880 (Session 2).

ABSTRACT

SCHEDULES (A.) and (B.) to which this Act refers.

SCHEDULE (A)

£ S.' d

Grants out of the Consolidated Fund. 29,357,801 0 0

SCHEDULE (B.)— Appropriation of Grants.

Part 1. Navy

1880-81: —

£ s . d.

To complete 7,869,706 0 0

Civil Services,

Class I. -

Ditto,

Class II. -

Ditto,

Class III.-

Ditto,

Class IV. -

Ditto,

Class V. -

Ditto,

Class VI. -

Ditto,

Class VII.

To complete 1,110,500
To complete 1,671,786
To complete 4,471,581
To complete 2,583,458
To complete 414,485
To complete 942,983
To complete 32,240

Total Civil Services -
„ 9. Revenue Departments, &c. -
., 10. Advances for Greenwich Hospital and School
„ 11. Exchequer Bonds, 1880-81

- | To complete 11,227,033 0 0

- To complete 6,951,417 0 0

- To complete 109,645 0 0

- 3,200,000 0 0

29,357,801 0 0

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1880.

Appropriation Act , 1880 (Session 2).

Qh. 40.

245

SCHEDULE (A.)

Grants out of the Consolidated Fund.

For the service of the year ending 31st March 1881 ; viz. £

Under Act 43 & 44 Viet. cap. 3. ... 4,925,320

Under Act 43 & 44 Viet. cap. 30, - - - 10,818,274

Under this Act - 13,614,207

Total - 29,357,801

SCHEDULE (B.)— Part 1.
NAVY.

Schedule of Sums granted to defray the charges of the Navy Services herein par¬
ticularly mentioned, which will come in course of payment during the year ending
on the 31st day of March 1881; viz.:—

Sums not exceeding

No.

1. For wages, &c. to 58,800 seamen and marines - -

2. For victuals and clothing for seamen and marines -

3. For the expenses of the Admiralty Office - - -

4. For the expense of the coast guard service, the royal naval reserve,

and seamen and marine pensioners reserve, and royal naval
artillery volunteers - - - -

5. For the expense of the several scientific departments of the navy

6. For the expense of the dockyards and naval yards at home and

abroad - - - - -

7. For the expense of the victualling yards at home and abroad

8. For the expense of the medical establishments at home and abroad

9. For the expense of the marine divisions -

10. Sect. 1. For naval stores for building, repairing, and outfitting
the fleet and coast guard - -

10. Sect. 2. For steam machinery, and ships built by contract, &c. -

11. For new works, buildings, machinery, and repairs in the naval

establishments - -

12. For medicines, medical stores, &c. - -

13. For martial law, &c. - -

14. For the expense of various miscellaneous services - -

15. For half pay, reserved half pay, and retired pay to officers of the

navy and marines - - ...

16. Sect. 1. For military pensions and allowances -

16. Sect. 2. For civil pensions and allowances - -

17. For freight of ships, for the victualling and conveyance of

troops, on account of the army department - -

Total Navy Services - £

To complete - 2,041,152
To complete - 760,143

To complete - 134,614

To complete - 145,709

To complete - 84,831

To complete - 1,027,689
To complete - 53,370

To complete - 47,584

To complete - 16,052

To complete - 758,250

To complete - 556,750

To complete - 419,213
To complete - 56,363

To complete - 6,938

To complete - 101,820

To complete - 671,367
To complete - 617,415
To complete - 241,821

To complete - 128,625

7,869,706

SCHEDULE (B.)— Part 2.

CIVIL SERVICES.— Class I.

No.

1 .

2 .

For the maintenance and repair of the royal palaces -
For the maintenance and repair of Marlborough House
For the royal parks and pleasure gardens

Sums not exceeding

To complete -

28,271

To complete -

1,820

To complete -

84,297

Digitized by VjOOQle

246

Ch. 40.

Appropriation Act, 1880 (Session 2). 43 & 44 Vict.

4. For the buildings of the Houses of Parliament (including a supple¬

mentary sum of 300/.) - - - - -

5. For the maintenance and repair of public buildings in Great

Britain and the Isle of Man; for providing the necessary supply
of water; for rents of houses hired for accommodation of public
departments, and charges attendant thereon, &c.

5a. For the acquisition of land as a site for public offices

6. For the supply and repair of furniture in the public departments

of Great Britain (including a supplementary sum of 1,556/.) -

7. For the expenses of the Customs, Inland Revenue, Post Office,

and Post Office Telegraph Buildings, in Great Britain, includ¬
ing furniture, fuel, and sundry miscellaneous services

8. For new buildings for county courts, maintenance and repair of

courts, supply of furniture, fuel, &c., and other charges atten¬
dant thereon -

9. For charges connected with Metropolitan Police Court Buildings

10. For one half of the expense of erecting or improving court houses

or offices for the sheriff courts in Scotland, and the expense
of maintaining the courts erected or improved

11. For the purchase of a site, erection of building, and other expenses

for new courts of justice and offices belonging thereto -
11a. For the purchase of the Union Bank Premises in Parliament Square,
Edinburgh - - - -

12. For the survey of the United Kingdom, including the revision

of the survey of Ireland, maps for U8e in proceedings before
the Land Judges in Ireland, publication of maps, ana engrav¬
ing the geological survey (including a supplementary sum of
5,000/.).

13. For erecting and maintaining new buildings, including rents, &c.,

for the Department of Science and Art - -

14. For maintenance and repair of the several buildings occupied by

the Trustees of the British Museum, for rents of premises, Bupply
of water, fuel, &c., and charges attendant thereon

15. For the erection of a Natural History Museum, including fittings,

&c..

16. For a grant in aid of the new buildings for the University of

Edinburgh - -

17. For maintaining certain harbours, &c. under the Board of Trade -

18. For rates and contributions in lieu of rates in respect of Govern¬

ment property, and for salaries and expenses of the rating of
Government property department - - -

19. For contribution to the funds for the establishment and main¬

tenance of a fire brigade in the metropolis - - -

20. For erection, repairs, and maintenance of the several public build¬

ings under the department of the Commissioners of Public
Works in Ireland, and for the erection of fishery piers, and the
maintenance of certain parks, harbours, and navigations (includ¬
ing a supplementary sum of 19,885/.) - - -

21. For expenses preparatory to the erection of the Museum of Science

and Art in Dublin - - - - - -

22. For works to regulate the flood waters of the River Shannon

23. For erecting ana maintaining certain lighthouses abroad

24. For diplomatic and consular buildings, including rents and furni¬

ture, and for the maintenance of certain cemeteries abroad

Total Civil Services, Class I. - - £

Sams not exceeding

To complete - 26,701

To complete - 87,232

68,600

To complete - 13,841

To complete - 137,973

To complete - 37,900
To complete - 20,145

To complete - 6,100

To complete - 82,200

16,000

To complete - 105,100

To complete - 15,336

To complete - 3,493

To complete - 22,228

20,000

To complete - 14,822

To complete - 130,356

To complete - 7,500

To complete - 131,408

To complete - 9,700

To complete - 15,000

To complete - 8,060

To complete - 16,417

1,110,500

Digitized by t^ooQle

1880.

Appropriation Act , 1880 (Session 2).

SCHEDULE (B.)— Part 3.
CIVIL SERVICES.— Class II.

Ch. 40.

247

Schedule of Sums granted to defray the chargee of the several Civil Services herein
particularly mentioned, which will come in course of payment during the year ending
on the 3let day of March 1881 ; viz.:—

No.

2 .

5 .

6 .

8 .

10 .

11.

12 .

13.

14.

15 .

16.

17.

18.

19.

20 .

21 .

22 .

23.

24.

25.

26 .

For salaries and expenses in the offices of the House of Lords
For salaries and expenses in the offices of the House of Commons
For salaries and expenses of the department of Her Majesty’s
Treasury and in the office of the Parliamentary Counsel - * -

For salaries and expenses of the office of Her Slajesty’s Secretary
of State for the Home Department and subordinate offices
For salaries and expenses of the department of Her Majesty’s -
Secretary of State for Foreign Affairs - -

For salaries and expenses of the department of Her Majesty’s
Secretary of State for the Colonies, including certain expenses
connected with Emigration - -

For salaries and expenses of the department of Her Majesty’s Most
Honourable Privy Council and subordinate departments
For salaries and expenses of the office of the Lora Privy Seal
For salaries and expenses of the office of the Committee of Privy
Council for Trade, and subordinate departments
For salaries and expenses of the Charity Commission for England
and Wales - - - - -

For salaries and expenses of the Civil Service Commission
For salaries and expenses of the office of the Copyhold, Inclosure,
and Tithe Commission - ....

For imprest expenses under the Inclosure and Drainage Acts
For salaries and expenses of the department of the Comptroller
and Auditor General, including the Chancery Audit Branch
For salaries and expenses of the Registry of Friendly Societies
For salaries and expenses of the Local Government Board, including
various grants in aid of local taxation ...

For salaries and expenses of the office of the Commissioners in
Lunacy in England ------

For salaries and expenses of the Mint, including the expenses of
the coinage ----- -

For salaries and expenses of the National Debt Office
For charges connected with the Patent Law Amendment Act, the
Registration of Trade Marks Act, and the Registration of
Designs Act -------

For salaries and expenses of the department of Her Majesty’s
Paymaster General in London and Dublin - - .

For salaries and expenses of the establishments under the Public
Works Loan Commissioners and the West India Islands Relief
Commissioners -

For salaries and expenses of the Public Record Office in England
For salaries and expenses of the department of the Registrar
General of Births, &c. in England -
For stationery, printing, and paper, binding, and printed books for
the several departments of Government in England, Scotland,
and Ireland, and some dependencies, and for the two Houses
of Parliament; for the salaries and expenses of the Establish¬
ment of the Stationery Office and the cost of Stationery Office
publications, and of the Gazette Offices; and for sundry miscel¬
laneous services, including a grant in aid of the publication of
Parliamentary Debates ------

For salaries and expenses of the office of Woods, Forests, and Land
Revenues, and of the office of Land Revenue Records and
Inrolments *

Sums not exceed

To complete -
To complete -

32,666

37,706

To complete -

42,835

To complete -

67,576

To complete -

54,041

To complete -

27,812

To complete -
To complete -

23,179

2,090

To complete -

126,443

To complete -
To complete -

24,305

19,265

To complete -
To complete -

12,6(18

6,190

To complete -
To complete -

42,017

4,638

To complete -

318,417

To complete -

11,395

To complete -
To complete -

46,665

13,141

To complete -

20,195

To complete -

19,255

To complete -
To complete -

7,695

15,737

To complete -

35,870

To complete -

344,979

To complete -

17,400

Digitized by LjOOQle

248

Ch. 40.

Appropriation Act, 1880 {Session 2). 43 & 44 Vict.

Sums not exceeding

27. For salaries and expenses of the office of the Commissioners of Her

Majestv’s Works and Public Buildings ...

28. For Her Majesty’s foreign and other secret services

29. For salaries and expenses of the department of the Queen’s

and Lord Treasurer’s Remembrancer in Exchequer, Scotland,
of certain officers in Scotland, and other charges formerly on the
hereditary revenue ......

30. For salaries and expenses of the Fishery Board in Scotland and for

grants in aid of piers or quays .....

31. For salaries and expenses of the Board of Lunacy in Scotland

32. For salaries and expenses of the department of the Registrar General

of Births, &o. in Scotland -

33. For salaries and expenses of the Board of Supervision for relief

of the poor, and for expenses under the Public Health and
Vaccination Acts, including certain grants in aid of local taxa¬
tion in Scotland ......

34. For salaries of jthe officers and attendants of the household of

the Lord Lieutenant of Ireland and other expenses

35. For salaries and expenses of the offices of the Chief Secretary

to the Lord Lieutenant of Ireland in Dublin and London, ana
subordinate departments .....

36. For salaries and expenses of the office of the Commissioners of

Charitable Donations and Bequests for Ireland

37. For salaries and expenses of the Local Government Board in Ire¬

land, including various grants in aid of local taxation

38. For salaries and expenses of the office of Public Works in Ireland

(including a supplementary sum of 21,742/.) - - .

39. For salaries and expenses^ the Public Record Office, and of the

keeper of the State Papers in Ireland ....

40. For salaries and expenses of the department of the Registrar

General of Births, &c., and for expenses of the collection of
agricultural and emigration statistics in Ireland

41. For salaries and expenses of the general valuation and boundary

survey of Ireland -

Total Civil Services, Class II. - £

To complete -
To complete -

30,618

17,200

To complete -

4,856

To complete -
To complete -

9,734

4,391

To complete -

4,694

To complete -

14,048

To complete -

5,364

To complete -

28,778

To complete -

1,539

To complete -

98,348

To complete -

44,701

To complete -

4,440

To complete -

11,968

To complete -

16,927

1,671,786

SCHEDULE (B.)— Part 4.
CIVIL SERVICES.— Class III.

No.

1. For the salaries of the law officers, the salaries and expenses of the

department of the Solicitor for the affairs of Her Majesty’s Trea¬
sury, and of the department of the Queen’s Proctor for divorce
interventions, the costs of prosecutions, including those relating
to the coin and to bankruptcy, and of other legal proceedings
conducted by those departments, and various other legal
expenses, including Statute Law Revision and Parliamentary
Agency -

2. For the salaries and expenses of the office of the Director of

Public Prosecutions - - - -

3. For criminal prosecutions at assizes and quarter sessions in Eng¬

land, including adjudications under the Criminal J ustice and
the Juvenile Offenders Acts, sheriffs expenses, salaries to clerks
of assize and other officers, and for compensation to clerks of
the peace and others, and for expenses incurred under Extra¬
dition Treaties - “

Sams not exceeding

To complete - 54,469

To complete - 3,050

To complete - 150,187

Digitized by LjOOQle

1880.

Appropriation Act> 1880 (Session 2).

Ch. 40.

249

No.

6 .

8 .

10 .

11 .

12 .

13.

14.

15.

16.

17 ^

18.

19.

20 .

21 .

22 .

23.

24.

25.

26.

For such of the salaries and expenses of the Chancerv Division of
the High Court of Justice, of the Court of Appeal, and of the
Supreme Court of Judicature, exclusive of the Central Office, as
are not charged on the Consolidated Fund -
For the salaries and expenses of the Central Office of the Supreme
Court of Judicature, the salaries and expenses of the Judges’
Clerks and other Officers, of the District Registrars of the High
Court, the remuneration of the Judges’ Marshals, and certain
circuit and other expenses .....

For salaries and expenses of the Registries of Probate and Divorce
and Matrimonial Causes, &c., in the Probate, Divorce, and
Admiralty Division of the High Court of Justice
For salaries and expenses of the offices of the Admiralty Registrar
and Marshal of the Probate, Divorce, and Admiralty Division
of the High Court of Justice - -

For salaries and expenses of the office of the Wreck Commissioner
For salaries and expenses of the London Bankruptcy Court
For salaries and expenses connected with the County Courts
For salaries and expenses of the Office of Land Registry -
For the expense of revising barristers in England
For salaries and expenses of the police courts of London and
Sheerness -------

For contribution toward the expenses of the metropolitan police,
and of the horse patrol, and Thames police, and for the salaries
of the Commissioner, Assistant Commissioners, and Receiver -
For certain expenses connected with the police in counties and
boroughs in England andWales, and with the police in Scotland
For the superintendence of convict establishments and for the
maintenance of convicts in convict establishments in England
and the Colonies ------

For the salaries and expenses of the Commissioners and other
officers appointed under the 6th and 7th sections of the Prison
Act, 1877, and the expenses of the several prisons in England
and Wales to which that Act applies (including a supplementary
sum of 19,927/.) - -

For the maintenance of juvenile offenders in reformatory, indus¬
trial, and day industrial schools in Great Britain, and for the
salaries and expenses of the Inspectors of Reformatories
For the maintenance of criminal lunatics in Broadmoor Criminal
Lunatic Asylum, England, and of one criminal lunatic in
Bethlem Hospital ------

For salaries ana expenses of the Lord Advocate’s department
and others connected with criminal proceedings in Scotland,
including certain allowances under the Act 15 & 16 Viet. c. 83.
For salaries and expenses of the Courts of Law and Justice in
Scotland and other legal charges -

For salaries and expenses of the offices in Her Majesty’s General
Register House, Edinburgh - -

For the expenses of the Prison Commissioners for Scotland, and
of the prisons under their control, including the maintenance
of criminal lunatics and the preparation of judicial statistics
(including a supplementary sum of 26,584 1.) - - -

For the expense of criminal prosecutions and other law charges
in Ireland, including certain allowances under the Act 15 & 16
Viet. c. 83.

For salaries and expenses of the Chancery Division (excluding
the Land Judges’ offices) of the High Court of Justice and
of the Court of Appeal in Ireland - - - -

For salaries and expenses of the Queen’s Bench, Common Pleas,
and Exchequer Divisions of Her Majesty’s High Court of
Justice in Ireland, including provision for certain officers of
the Supreme Court of Judicature in Ireland, and for the trial of
election petitions -

Sams not exceeding

To complete -

121,416

To complete -

76,796

To complete -

69,715

To complete -
To complete -
To complete -
To complete -
To complete -

8,445

10,166

27,434

342,281

4,028

18,690

To complete -

11,201

To complete -

301,705

To complete -

897,648

To complete -

318,297

To complete -

369,658

To complete -

196,616

To complete -

19,251

To complete -

50,030

To complete -

46,455

To complete -

27,150

To complete -

87,571

To complete -

64,746

To complete -

28,627

To complete -

21,209

Digitized by

Google

250

Ch. 40.

Appropriation Act, 1880 Session 2). 43 & 44 Yict-

Sums not exceeding

No. - r -

27. For the salaries and expenses of the Land Judges’ offices in the £

Chancery Division of Her Majesty’s High Court of Justice in

Ireland ---- - ...To complete - 8,521

28. For the salaries and expenses of the Principal and District Regis¬

tries of the Probate and Matrimonial Division of Her Majesty’s
High Court of Justice in Ireland, including certain officers of

the court - - - - - - -To complete - 8,642

29. For salaries and incidental expenses of the Court of Bankruptcy in

Ireland -------- To complete - 7,638

30. For salaries and expenses of the Admiralty Court Registry in

Ireland - - - - - - -To complete - 1,245

31. For salaries and expenses of the Office for the Registration of Deeds

in Ireland - - - - - - -To complete - 14,695

32. For salaries and expenses in the Office for the Registration of

Judgments in Ireland - , - - - - To complete - 2,155

33. For the salaries, allowances, and expenses of various county court

officers, and of magistrates in Ireland, and of the revising bar¬
risters of the city of Dublin - - - - - To complete - 61,522

34. For salaries and expenses of the Commissioners of Police, of the

police courts ana of the metropolitan police establishment of

Dublin - - - - - - - -To complete - 103,562

35. For the expenses of the constabulary force in Ireland - - To complete - 754,461

36. For the expense of the superintendence of prisons, and of the

maintenance of prisoners in prisons in Ireland, and of the

registration of habitual criminals - - - - To complete - 109,200

37. For the expenses of reformatories and industrial schools in Ireland To complete - 68,013

38. For the maintenance of criminal lunatics in Dundrum Criminal

Lunatic Asylum, Ireland - - - - - To complete - 5,086

Total Civil Services, Class III. - £ 4,471,581

SCHEDULE (B.)—Part 5.

CIVIL SERVICES.-Class IV.

Schedule of Sums granted to defray the charges of the several Civil Services herein
particularly mentioned, which will come in corn’se of payment during the year ending
on the 31st day of March 1881; viz.:—

Sums not exceeding

No. £

1. For public education in England and Wales, including the ex¬

penses of the Education Office in London - - - To complete - 1,566,077

2. For salaries and expenses of the Department of Science and Art,

and of the establishments connected therewith (including a

supplementary sum of 6,234/.) - - - - - To complete - 226,002

3. For salaries and expenses of the British Museum, including the

amount required for furniture, fittings, &c., and for salaries
and expenses of the Natural History Museum at South Ken¬
sington - - - - * 7 To complete • 68,257

4. For salaries and expenses of the National Gallery - - To complete - 12,974

5. For salaries and expenses of the National Portrait Gallery - - To complete - 1,790

6. For grants in aid of the expenditure of certain learned societies

in Great Britain and Ireland - - - - - To complete - 9,050

7. For salaries and expenses of the University of London - - To complete - 8,126

8. For preparing an account of the scientific results of the expedL

tion of Her Majesty’s ship “ Challenger” in 1873, 1874, 1875,
and 1876, to investigate the physical and biological conditions
of the great ocean basins, and of arranging the collections

made during the expedition - - - - - To complete - 3,300

9. For the salaries and expenses of the Royal Commission appointed

in connection with the International Exhibitions at Sydney and

Melbourne - To complete - 1,720

Digitized by t^ooQle

1880.

Appropriation Act, 1880 (Session 2).

Ch. 40.

251

No.

10. For public education in Scotland -

11. For grants to Scottish universities -

12. For the annuity to the Board of Trustees of manufactures in

Scotland, in discharge of equivalents under the Treaty of Union,
to be applied in maintenance of the National Gallery, School of
Art ana Museum of Antiquities, Scotland, and for the exhibi¬
tion of the Torrie Collection of Works of Art, and for other
purposes -

13. For public education under the Commissioners of National Educa¬

tion in Ireland -------

14. For the salaries and expenses of the National School Teachers’

Superannuation Office, Dublin - - - - -

15. For the salary and expenses of the Office of the Commissioners

of Education in Ireland appointed for the regulation of endowed
schools --------

16. For salaries and expenses of the National Gallery of Ireland,

and for the purchase of pictures -

17. For expenses of the Queen’s University in Ireland -

18. In aid of the expenses of the Queen’s Colleges in Ireland -

19. In aid of the expenses of the Royal Irish Academy, &c.

Sums not exceeding

To complete -
To complete -

244,203

13,819

To complete -

1,500

To complete -

407,366

To complete -

1,359

To complete -

440

To complete -
To complete -
To complete -
To complete -

.1,739

3,808

10,428

1,500

Total Civil Services, Class IV. - £

2,583,458

SCHEDULE (R)— :Part 6.

CIVIL SERVICES.- Class V.

No.

1. For expenses of Her Majesty’s embassies and missions abroad

2. For consular establishments abroad, and for other expenditure

chargeable on the Consular Vote -

3. In aid of colonial local revenue, and for the salaries and allowances

. of governors, &c., and for other charges connected with the
colonies, including expenses incurred under the Pacific Islanders
Protection Act, 1875 ------

4. For certain non-effective charges connected with the Orange River

Territory and the island of St. Helena - - - -

5. For salaries and expenses of the three representatives of Her

Majesty’s Government on the Council of Administration of the
Suez Canal Company - - - - -

6. For expenses of the mixed commissions established under the

treaties with foreign powers for suppressing the traffic in slaves,
and of other establishments in connection with that object, in¬
cluding the Muscat subsidy - - - - -

7. For tonnage bounties, bounties on slaves, costs of captors, &c., and

expenses of the Liberated African Department - - -

8. For a grant in aid of the revenue of the Island of Cyprus; such

sum to be in substitution for the sums granted in session I. of
1880, and in the current session, for Cyprus Police

9. For subsidies to telegraph companies -

Total Civil Services, Class V. - £

Sums not exceeding

To complete -

144,910

To complete -

186,667

To complete -

28,819

To complete -

1,705

To complete -

1,170

To complete -

5,307

To complete -

S.407

To complete -

20,000

17,500

414,485

Digitized by LjOOQle

252

Ch. 40.

Appropriation Act, 1880 (Session 2). 43 & 44 Vicr.

SCHEDULE (B.)— Part 7.

CIVIL SERVICES.— Class VI.

Sums not exceeding

No.

\. For superannuation and retired allowances to persons formerly em¬
ployed in ;the public service, and for compassionate or other
special allowances and gratuities awarded by the Commissioners
of Her Majesty’8 Treasury -

2. For pensions to masters and seamen of the merchant service, and

to their widows and children -

3. For the relief of distressed British seamen abroad -

4. In aid of the local cost of maintenance of pauper lunatics in

England and Wales ------

5. In aid of the local cost of maintenance of pauper lunatics in

Scotland -

6. In aid of the local cost of maintenance of pauper lunatics in Ireland

7. For the support of certain hospitals and infirmaries in Ireland

8. For making good the deficiency arising from payments for interest

to savings banks and friendly societies - - - -

9. For miscellaneous, charitable, and other allowances in Great Britain
10. For certain miscellaneous, charitable, and other allowances in

Ireland --------

To complete *

To complete -
To complete -

246,175

21,050

24,300

410,000

74,479

25,832

12,758

122,306

2,964

3,119

Total Civil Services, Class VI. - £ |

942,983

SCHEDULE (B.)— Part 8.

CIVIL SERVICES.— Class VII.

Sums not exceeding

No.

1. For salaries and incidental expenses of temporary

and committees, including special inquiries

2. For certain miscellaneous expenses - -

commissions

To complete -
To complete -

27,411

4,8529

Total Civil Services, Class VII.

32,240

Digitized by Google

1880 .

253

Appropriation Act, 1880 (Sesaion.2). Ch. 40, 41.

SCHEDULE (B.)— Part 9.

REVENUE DEPARTMENTS, &c.

Suras not exceeding

No.

1. Far salaries and expenses of the Customs Department, including

a supplementary sum of 8,1 OOZ. -

2. For salaries and expenses of the Inland Revenue Department,

including a supplementary sum of 55,000Z. -

3. For salaries and expenses of the Post Office services, the expenses

of Poet Office savings banks. And Government annuities and
insurances, and the collection of the Post Office revenue

4. For the Post Office packet service - - -

5. For salaries and expenses of the Post Office telegraph service

To complete - 868,777

To complete - 1,701,032

To complete - 3,010,404
To complete - 510,468

To complete - 860,736

Total Revenue Departments - £

6,951,417

SCHEDULE (B.)— Part 10.

Greenwich Hospital and School.

Advances during the year ending on the 31st day of March 1881 for I £

defraying the expenses of Greenwich Hospital and School - - | To complete - 109,645

SCHEDULE (B.)— Part 11.

Exchequer Bonds.

To pay off and discharge Exchequer Bonds which became due and payable during £
the year ending on the 31st day of March 1881 - 3,200,000

CHAPTER 41.

An Act to amend the Burial Laws. [7th September 1880.]

VI^HEREAS it is expedient to amend the law of burial in
* * England and the Channel Islands:

L After the passing of this Act any relative, friend, or legal
representative having the charge of or being responsible for the
burial of a deceased person may give forty-eight hours notice in
writing, indorsed on the outside “ Notice of Burial,” to, or leave or
cause the same to be left at the usual place of abode of the rector,
vicar, or other incumbent, or in his absence the officiating minister
in charge of any parish or ecclesiastical district or place, or any per¬
son appointed by him to receive such notice, that it is intended that
such deceased person shall be buried within the churchyard or
graveyard of such parish or ecclesiastical district or place without the
performance, in the manner prescribed by law, of the service for
the burial of the dead according to the rites of the Church of
England, and after receiving such notice no rector, vicar, incumbent.

After passing
of Act notice
may be given
that bnrial will
take place in
churchyard or
graveyard
without the
rites of the
Church of
England.

Digitized by LjOOQle

254

Paupere.

Time of burial
to be stated,
subject to
variation.

Ch. 41. Burial Laws Amendment Act , 1880. 43 & 44 Yict.

or officiating minister shall be liable to any censure or penalty,
ecclesiastical or civil, for permitting any such burial as aforesaid.
Such notice shall be in writing, plainly signed with the name and
stating the address of the person giving it, and shall be in the form
or to the effect of Schedule (A.) annexed to this Act.

The word “ graveyard ” in this Act shall include any burial
ground or cemetery vested in any burial board, or provided under
any Act relating to the burial of the dead, in which the parishioners
or inhabitants of any parish or ecclesiastical district have rights of
burial; and in the case of any such burial ground or cemetery,
if a chaplain is appointed to perform the burial service of the
Church of England therein, notice under this Act shall be addressed
to such chaplain, but the same shall be given to or left at the office
of the clerk of the burial board, if any, in whom any such burial
ground or cemetery may be vested : Provided also, that it shall be
lawful for the proprietors or directors of any proprietary cemetery
or burial ground to make such byelaws or regulations as may be
necessary for enabling any burial to take place therein in accordance
with the provisions of this Act, any enactment to the contrary
notwithstanding.

2. Such notice, in the case of any poor person deceased, whom
the guardians of any parish or union are required or authorised by
law to bury, may be given to the rector, vicar, or other incumbent
in manner aforesaid, and also to the master of any workhouse in
which such poor person may have died, or otherwise to the said
guardians, by the husband, wife, or next of kin of such poor person,
who, for the purposes of this Act, shall be deemed to be the
person having the charge of the burial of such deceased poor
person; and in any such case it shall be the duty of the said
guardians to permit the body of such deceased person to be buried
in the manner provided by this Act.

3. Such notice shall state the day and hour when such burial
is proposed to take place, and in case the time so stated be
inconvenient on account of some other service having been, pre¬
viously to the receipt of such notice, appointed to take place in
such churchyard or graveyard, or the church or chapel connected
therewith, or on account of any byelaws or regulations lawfully
in force in any graveyard limiting the times at which burials may
take place in such graveyard, the person receiving the notice shall,
unless some other day or time shall be mutually arranged within
twenty-four hours from the time of giving or leaving such notice,
signify in writing, to be delivered to or left at the address or usual
place of abode of the person from whom such notice has been
received, or at the house where the deceased person is lying, at
which hour of the day named in the notice, or (in case of burial
in a churchyard, if such day shall be a Sunday, Good Friday,
or Christmas Day) of the day next following, such burial shall
take place; and it shall be lawful for the burial to take places
and it shall take place, at the hour so appointed or mutually
arranged, and in other respects in accordance with the notice:
Provided that, unless it shall be otherwise mutually arranged, the
time of such burial shall be between the hours of ten o’clock in the
forenoon and six o’clock in the afternoon if the burial be between

Digitized by LjOOQle

1880.

Ch. 41.

255

Bwrial Laws Amendment Act , 1880.

the first day of April and the first day of October, and between
the hours of ten o’clock ip. the forenoon and three o’clock in the
afternoon if the burial be between the first day of October and
the first day of April: Provided also, that no such burial shall
take place in any churchyard on Sunday, or on Good Friday or
Christmas Day, if any such day being proposed by the notice shall
be objected to in writing for a reason assigned by the person
ceiving such notice.

4 . When no such intimation of change of hour is sent to the Burial to take
person from whom the notice has been received, or left at the accord *
nouse where the deceased person is lying, the burial shall take

place in accordance with and at the time specified in such notice.

5. All regulations as to the position and making of the grave Regulations
which would be in force in such churchyard or graveyard in the and fees *
case of persons interred therein with the service of the Church of
England shall be in force as to burials under this Act; and any
person who, if the burial had taken place with the service of the
Church of England, would have been entitled by law to receive

any fee, shall be entitled, in case of a burial under this Act, to
receive the like fee in respect thereof.

6. At any burial under this Act all persons shall have free access Buria i may be
to the churchyard or graveyard in which the same shall take place, with or without
The burial may take place, at the option of the person so having

the charge of or being responsible for the same as aforesaid, either service *
without any religious service, or with such Christian and orderly
religious service at the grave, as such person shall think fit; and
any person or persons who shall be thereunto invited, or be autho¬
rised by the person having the charge of or being responsible for
such burial, may conduct such service or take part in any religious
act thereat The words “ Christian service ” in this section shall
include every religious service used by any church, denomination,
or person professing to be Christian.

7 . All burials under this Act, whether with or without a religious Burials to be
service, shall be conducted in a decent and orderly manner; and conducted in a
every person guilty of any riotous, violent, or indecent behaviour de ® ent and

at any burial under this Act, or wilfully obstructing such burial or Md^ftbout 116 *

any such service as aforesaid thereat, or who shall, in any such obstruction.

churchyard or graveyard as aforesaid, deliver any address, not being

part of or incidental to a religious service permitted by this Act/

and not otherwise permitted by any lawful authority, or who shall,

under colour of any religious service or otherwise, in any such

churchyard or graveyard, wilfully endeavour to bring into contempt

or obloquy the Christian religion, or the belief or worship of any

church or denomination of Christians, or the members or any

minister of any such church or denomination, or any other person,

shall be guilty of a misdemeanor.

8 . All powers and authorities now existing by law for the pre- p owera for
servation of order, and for the prevention and punishment of dis- prevention of
orderly behaviour in any churchyard or graveyard, may be exercised di80rder *

in any case of burial under this Act in the same manner and by
the same persons as if the same had been a burial according to the
rites of the Church of England.

Digitized by LjOOQle

256

Ch. 41.

Act not to give
right of burial
where no
previous right
existed.

Burials under
Act to be
registered.

Order of
coroner or
certificate of
registrar to be
delivered to
relative, &c.,
instead of to
person who
buries.

Liberty to use
burial service
of Church of
England in un¬
consecrated
ground.

Burial Laws Amendment Ad, 1880. 43 & 44 Vict.

9. Nothing in this Act shall authorise the burial of any person in
any place where such person would have had no right of interment
if this Act had not passed, or without performance of any express
condition on which, by the terms of any trust deed, any right of
interment in any burial ground vested in trustees under such trust
deed, not being the churchyard or graveyard, or part of the church¬
yard or graveyard, of the parish or ecclesiastical district in which
the same is situate, may have been granted.

10. When any burial has taken place under this Act the person
so having the charge of or being responsible for such burial as afore¬
said shall, on the day thereof, or the next day thereafter, transmit
a certificate of such burial, in the form or to the effect of Schedule (B.)
annexed to this Act, to the rector, vicar, incumbent, or other officiating
minister in charge of the parish or district in which the churchyard
or graveyard is situate or to which it belongs, or in the case of
any burial ground or cemetery vested in any burial board to the
person required by law to keep the register of burials in such burial
ground or cemetery, who shall thereupon enter such burial in the
register of burials of such parish or district, or of such burial ground
or cemetery, and such entry shall form part thereof. Such entry,
instead of stating by whom the ceremony of burial was performed,
shall state by whom the same has been certified under this Act.
Any person who shall wilfully make any false statement in such
certificate, and any rector, vicar, or minister, or other such person
as aforesaid, receiving such certificate, who shall refuse or neglect
duly to enter such burial in such register as aforesaid, shall be
guilty of a misdemeanor.

' 11. Every order of a coroner or certificate of a registrar given
under the provisions of section seventeen of the Births and Deaths
Registration Act, 1874, shall, in the case of a burial under that
Act, be delivered to the relative, friend, or legal representative of
the deceased, having the charge of or being responsible for the
burial, instead of being delivered to the person who buries or per¬
forms any funeral or religious service for the burial of the body of
the deceased; and any person to whom such order or certificate
shall have been given by the coroner or registrar who fails so to
deliver or cause to be delivered the same shall be liable to a penalty
not exceeding forty shillings, and any such relative, friend, or legal
representative so having charge of or being responsible for the
burial of the body of any person buried under tins Act as afore¬
said, as to which no order or certificate under the same section of
the said Act shall have been delivered to him, shall, within seven
days after the burial, give notice thereof in writing to the registrar,
and if he fail so to do shall be liable to a penalty not exceeding ten
pounds.

12. No minister in holy orders of the Church of England shall be
subject to any censure or penalty for officiating with the service
prescribed by law for the burial of the dead according to the rites
of the said church in any unconsecrated burial ground oiv cemetery
or part of a burial ground or cemetery, or in any building thereon,
in any case in which he might have lawfully used the same ser¬
vice, if such burial ground or cemetery or part of a burial ground
or cemetery had been consecrated. The relative, friend, or legal

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1880.

Ch. 41.

257

Buried Laws Amendment Act , 1880.

representative having charge of or being responsible for the burial
of any deceased person who had a right of interment in any such
unconsecrated ground vested in any burial board, or provided
under any Act relating to the burial of the dead, shall be entitled,
if he think fit, to have such burial performed therein according to
the rites of the Church of England by any minister of the said
church who may be willing to perform the same.

13 . From and after the passing of this Act, it shall be lawful for
any minister in holy orders of the Church of England authorised
to perform the burial service, in any case where the office for the
burial of the dead according to the rites of the Church of England
may not be used, and in any other case at the request of the
relative, friend, or legal representative having the charge of or
being responsible for the burial of the deceased, to use at the burial
such service, consisting of prayers taken from the Book of Common
Prayer and portions of Holy Scripture, as may be prescribed or
approved of by the Ordinary, without being subject to any eccle¬
siastical or other censure or penalty.

14 . Save as is in this Act expressly provided as to ministers of
the Church of England, nothing herein contained shall authorise or
enable any such minister who shall not have become a declared
member of any other Church or denomination, or have executed a
deed of relinquishment under the Clerical Disabilities Act, 1870, to
do any act which he would not by law have been authorised or
enabled to do if this Act had not passed, or to exempt him from any
censure or penalty in respect thereof.

15 . This Act shall extend to the Channel Islands, but shall not
apply to Scotland or to Ireland.

16 . This Act may be cited as the Burial Laws Amendment Act,
1880.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

Notice of Burial .

I , of , being the relative [or

friend, or legal representative, as the case may be, describing the relation ,
if a relative ,] having the charge of or being responsible for the burial of
A.B^ of , who died at in the parish

of on the day of , do hereby give you

notice that it is intended by me that the body of the said A.B. shall be
buried within the [here describe the churchyard or graveyard in which the
body is to be buried ,] on the day of , at the

hour of , without the performance in the manner prescribed

by law of the service for the burial of the dead according to the rites of the
Church of England, and I give this notice pursuant to the Burial Laws
Amendment Act, 1880.

To the Rector [or, as the case may 5o,] of

SCHEDULE (B.)

1 , of , the person having the charge of

(or being responsible for) the burial of the deceased, do hereby certify that
[the law reports.]

Relief of clergy
of Church of
England from
penalties in
certain cases.

Saving as to
ministers of
Church of
England.

Application of
Act.

Short title of
Act

Digitized by LjOOQle

258

Ch. 41, 42. Burial Laws Amendment Act t 1880. 43 & 44 Vicr.

on the day of , A.B. of

aged , was buried in the churchyard [or graveyard] of the,

parish [or district] of

To the Rector [or, as the case may 5c,] of

CHAPTER 42.

Amendment
of law.

Exceptions to
amendment of
law.

An Act to extend and regulate the Liability of Employers
to make Compensation for Personal Injuries suffered by
Workmen in their service. [7th September 1880.]

L Where after the commencement of this Act personal injury is
caused to a workman

(1.) By reason of any defect in the condition of the ways, works,
machinery, or plant connected with or used in the business
of the employer; or

(2.) By reason of the negligence of any person in the service of
the employer who has any superintendence entrusted to
him whilst in the exercise of such superintendence ; or
(3.) By reason of the negligence of any person in the service of
the employer to whose orders or directions the workman
at the time of the injury was bound to conform, and
did conform, where such injury resulted from his having
so conformed ; or

• (4.) By reason of the act or omission of any person in the service
of the employer done or made in obedience to the rules
or byelaws of the employer, or in obedience to particular
instructions given by any person delegated with the autho¬
rity of the employer in that behalf; or
(5.) By reason of the negligence of any person in the service of
the employer who has the charge or control of any signal,
points, locomotive engine, or train upon a railway,
the workman, or in case the injury results in death, the legal
personal representatives of the workman, and any persons entitled
in case of death, shall have the same right of compensation and
remedies against the employer as if the workman had not been a
workman of nor in the service of the employer, nor engaged in his
work.

2. A workman shall not be entitled under this Act to any right
of compensation or remedy against the employer in any of the fol¬
lowing cases ; that is to say,

(1.) Under sub-section one of section one, unless the defect therein
mentioned arose from, or had not been discovered or
remedied owing to the negligence of the employer, or of
pome person in the service of the employer, and entrusted
by him with the duty of seeing that the ways, works,
machinery, or plant were in proper condition.

(2.) Under sub-section four of section one, unless the injury
resulted from some impropriety or defect in the rales,

Digitized by LjOOQle

1880. Employer* Liability Act , 1880. Ch. 42. 259

byelaws, or instructions therein mentioned; provided that
where a rule or byelaw has been approved or has been
accepted as a proper rule or byelaw by one of Her
Majesty’s Principal Secretaries of State, or by the Board
of Trade or any other department of the Government,
under or by virtue of any Act of Parliament, it shall not
be deemed for the purposes of this Act to be an improper
or defective rule or byelaw.

(3.) In any case where the workman knew of the defect or
negligence which caused hi.s injury, and failed within a
reasonable time to give, or cause to be given, information
thereof to the employer or some person superior to himself
in the service of the employer, unless he was aware that
the employer or such superior already knew of the said
defect or negligence.

3 . The amount of compensation recoverable under this Act shall Limit of sum
not exceed such sum as may be found to be equivalent to the esti- recoverab J? 88
mated earnings, during the three years preceding the injury, of a compen8a - on *
person in the same grade employed during those years in the like
employment and in the district in which the workman is employed

at the time of the injury.

4 . An action for the recovery under this Act of compensation for Limit of time
an injury shall not be maintainable unless notice that injury has for recovery of
been sustained is given within six weeks, and the action is com- com P en8atlon -
menced within six months from the occurrence of the accident

causing the injury, or, in case of death, within twelve months from
the time of death : Provided always, that in case of death the want
of such notice shall be no bar to the maintenance of such action
if the judge shall be of opinion that there was reasonable excuse
for such want of notice,

5. There shall be deducted from any compensation awarded to Money payable
any workman, or representatives of a workman, or persons claiming

by, under, or through a workman in respect of any cause of action from compenB*-
arising under this Act, any penalty or part of a penalty which may tion under Act.
have been paid in pursuance of any other Act of Parliament to such
workman, representatives, or persons in respect of the same cause
of action ; and where an action has been brought under this Act
by any workman, or the representatives of any workman, or any
persons claiming by, under, or through such workman, for compen¬
sation in respect of any cause of action arising under this Act, and *
payment has not previously been made of any penalty or part of
a penalty under any other Act of Parliament in respect of the
same cause of action, such workman, representatives, or person shall
not be entitled thereafter to receive any penalty or part of a
penalty under any other Act of Parliament in respect of the same v

cause of action.

0.—(1.) Every action for recovery of compensation under this Trial of
Act shall be brought in a county court, but may, upon the applies- actioD8 *
tion of either plaintiff or defendant, be removed into a superior
court in like manner and upon the same conditions as an action
commenced in a county court may by law be removed.

(2.) Upon the trial of any such action in*a county court before

R 2

Digitized by LjOOQle

260

40 & 41 Viet,
c. 50.

Mode of
serving notice
ofiiyury.

Definitions.

Ch. 42. Employers * Liability Act , 1880. 43 & 44 Yicr

the judge without a jury one or more assessors may be appointed
for the purpose of ascertaining the amount of compensation.

(3.) For the purpose of regulating the conditions and mode of
appointment and remuneration of such assessors, and all matters
of procedure relating to their duties, and also for the purpose of
consolidating any actions under this Act in a county court, and
otherwise preventing multiplicity of such actions, rules and regu¬
lations may be made, varied, and repealed from time to time in
the same manner as rules and regulations for regulating the practice
and procedure in other actions in county courts.

“ County court ” shall, with respect to Scotland, mean the “ Sheriff s
Court,” and shall, with respect to Ireland, mean the u Civil BUI
Court.”

In Scotland any action under this Act may be removed to the
Court of Session at the instance of either party, in the manner
provided by, and subject to the conditions prescribed by, section
nine of the Sheriff Courts (Scotland) Act, 1877.

In Scotland the sheriff may conjoin actions arising out of the
same occurrence or cause of action, though at the instance of
different parties and in respect of different injuries.

7 . Notice in respect of an injury under this Act shall give the
name and address of the person injured, and shall state in ordinary
language the cause of the injury and the date at which it was
sustained, and shall be served on the employer, or, if there is more
than one employer, upon one of such employers.

The notice may be served by delivering the same to or at the
residence or place of business of the person on whom it is to be
served.

The notice may also be served by post by a registered letter
addressed to the person on yrhom it is to be served at his last
known place of residence or place of business; and, if served by
post, shall be deemed to have been served at the time when a
letter containing the same would be delivered in the ordinary
course of post; and, in proving the service of such notice, it fthall
be sufficient to prove that the notice was properly addressed and
registered.

Where the employer is a body of persons corporate or unincor-
porate, the notice shall be served by delivering the same at or
by sending it by post in a registered letter addressed to the office,
or, if there be more than one office, any one of the offices of such
body.

A notice under this section shall not be deemed invalid by reason
of any defect or inaccuracy therein, unless the judge who tries the
action arising from the injury mentioned in the notice shall be of
opinion that the defendant in the action is prejudiced in his defence
by such defect or inaccuracy, and that the defect or inaccuracy
was for the purpose of misleading.

8 . For the purposes of this Act, unless the context otherwise
requires,—

The expression “ person who has superintendence entrusted to
him ” means a person whose sole or principal duty is that of
superintendence, and who is not ordinarily engaged in mAnntl
labour:

Digitized by LjOOQle

261

1880. Employers' Liability Act , 1880. Ch. 42, 43.

The expression “ employer” includes a body of persons corporate
or unincorporate:

The expression “ workman” means a railway servant and any

person to whom the Employers and Workmen Act, 1875, |j 8 g & 39 vict -
applies. c ’

9 . This Act shall not come into operation until the first day of Commence-
January one thousand eight hundred and eighty-one, which date ment0 ct *
is in this Act referred to as the commencement of this Act.

10 . This Act may be cited as the Employers’ Liability Act, 1880, Short title,
and shall continue in force till the thirty-first day of December

one thousand eight hundred and eighty-seven, and to the end of
the then next Session of Parliament, and no longer, unless Parlia¬
ment shall otherwise determine, and all actions commenced under
this Act before that period shall be continued as if the said Act had
not expired.

CHAPTER 43.

An Act to provide for the safe carriage of Grain Cargoes
by Merchant Shipping. [7th September 1880.]

L This Act may be cited as the Merchant Shipping (Carriage Short title and
of Grain) Act, 1880, and shall be construed as one with the construction.
Merchant Shipping Act, 1854, and the Acts amending the same, ^ 7 1 ^ 4 18 ^ lct -
and together with those Acts may be cited as the Merchant Ship- * ’’

ping Acts, 1854 to 1880.

2. This Act shall come into operation on the first day of January Commence-
one thousand eight hundred and eighty-one (which day is in this ment of Act *
Act referred to as the commencement of this Act).

3. Where a grain cargo is laden on any British ship all neces- Obligation to
sary and reasonable precautions (whether prescribed by this Act or
not) shall be taken in order to prevent the grain cargo from cargo™ 11
shifting. from shifting.

If such precautions have not been taken in the case of any such
ship, the master of the ship and any agent of the owner who was
charged with the loading of the ship or the sending her to sea,
shall each be liable to a penalty not exceeding three hundred
pounds, and the owner of the ship shall also be liable to the same
penalty, unless he shows that he took all reasonable means to
enforce the observance of this section, and was not privy to the
breach thereof.

4 . Where a British ship laden with a grain cargo at any port in Precautions
the Mediterranean or Black Sea is bound to ports outside the a ^ ain * t shifting
Straits of Gibraltar, or where a British ship is laden with a grain kdfTin porfin
cargo on the coast of North America, the following precautions Mediterranean
to prevent the grain cargo from shifting shall be adopted; that is on^a^of

^ North America.

(a.) There shall not be carried between the decks, or, if the ship
has more than two decks, between the main and upper decks, any

Digitized by LjOOQle

262

CJh.43. Merchant 8hipping(Carriageof Grain) Act, 1880.43& 44VICT.

Exemption
from precau¬
tions specified
in this Act for
ships laden in
Mediterranean
or Black Sea,
or on coast
of North
America.

grain in bulk, except such as may be necessary for feeding the
cargo in the hold, and is earned in properly constructed feeders.

(i b .) Where grain (except such as may be carried in properly
constructed feeders) is carried in bulk in any hold or compartment,
and proper provision for filling up the same by feeders is not
made, not less than one-fourth of the grain carried in the hold or
compartment (as the case may be) shall be in bags supported on
suitable platforms laid upon the grain in bulk : Provided that this
regulation with respect to bags shall not apply—

(i.) To oats, or cotton seed; nor

(ii.) To a ship which is a sailing ship of less than four hundred
tons registered tonnage, and is not engaged in the Atlantic
trade; nor

(iii.) To a ship laden at a port in the Mediterranean or Black Sea
if the ship is divided into compartments which are formed
by substantial transverse partitions, and are fitted with
longitudinal bulkheads or such shifting boards as here
after in this section mentioned, and if the ship does not
carry more than one-fourth of the grain cargo, and not
more than one thousand five hundred quarters, in any
one compartment, bin, or division, and provided that each
division of the lower hold is fitted with properly con¬
structed feeders from the between decks; nor
(iv.) To a ship in which the grain cargo does not exceed one-
half of the whole cargo of the ship, and the rest of the
cargo consists of cotton, wool, flax, barrels or sacks of
flour, or other suitable cargo so stowed as to prevent the
grain in any compartment, bin, or division from shifting,
(c.) Where grain is carried in the hold or between the decks,
whether in bags or bulk, the hold or the space between the decks
shall be divided by a longitudinal bulkhead or by sufficient shifting
boards which extend from deck to deck or from the deck to the
keelson and are properly secured, and if the grain is in bulk are
fitted grain-tight with proper fillings between the beams.

(d.) In loading, the grain shall be properly stowed, trimmed, and
secured.

In the event of the contravention of this section in the case of
any ship, reasonable precautions to prevent the grain cargo of that
ship from shifting shall be deemed not to have been taken, mid
the owner and master of the ship and any agent charged with
loading her or sendiug her to sea shall be liable accordingly to a
penalty under this Act

Provided that nothing in this section shall exempt a person from
any liability, civil or criminal, to which he would otherwise be sub¬
ject for failing to adopt any reasonable precautions which, although
not mentioned in this section, are reasonably required to prevent
grain cargo from shifting.

5. The precautions required by this Act to be adopted by ships
laden with a grain cargo at a port in the Mediterranean or Black Sea,
or on the coast of North America, shall not apply to ships loaded
in accordance with regulations for the time being approved by
the Board of Trade; nor to any ship constructed and loaded in
accordance with any plan approved by the Board of Trade.

Digitized by LjOOQle

3 880. Merchant Shipping ( Carriage of Grain) Act, 1880. Ch. 43. 263

6 . Before a British ship laden with grain cargo at any port in Notice by
the Mediterranean or Black Sea, bound to ports outside the Straits

of Gibraltar, or laden with grain cargo on the coast of North America, cargof °
leaves her final port of loading, or within forty-eight hours after
leaving such port, the master shall deliver or cause to be delivered
to the British consular officer, or, if it is in Her Majesty’s dominions,
to the principal officer of Customs at that port, a notice stating—

(1.) The draught of water and clear side, as defined by section
five of the Merchant Shipping Act, 1871, and section four of the 34 & 35 Viet.
Merchant Shipping Act, 1873, of the said ship after the loading of vict

her cargo has been completed at the said last port of loading; c . 854 c '

(2.) And also stating the following particulars in respect to the
grain cargo; namely,

(«.) The kind of grain and the quantity thereof, which quantity
may be stated in cubic feet, or in quarters, or bushels, or in tons
weight; and

( [b .) The mode in which the grain cargo is stowed ; and

(c.) The precautions taken against shifting.

The master shall also deliver a similar notice to the principal col¬
lector or other proper officer of Customs in the United Kingdom,
together with the report required to be made by the Customs Con- 39 & 40 Vict.
solidation Act, 1876, on the arrival of the ship in the United c - 36 * 8i * 50 > 51 *
Kingdom.

Every such notice shall be sent to the Board of Trade as soon as
practicable by the officer receiving the same.

If the master fails to deliver any notice required by this section
lie shall be liable to a penalty not exceeding one hundred pounds:

Provided always, that the Board of Trade may, by notice pub¬
lished in the London Gazette, or in such other way as it may
deem expedient, exempt ships laden at any particular port or any
class of such ships from the provisions of this section.

7 . Any master of a ship, who in any notice required by this Pemiltyfoi false

Act wilfully makes any false statement or wilfully omits any m

material particular, shall be liable to a penalty not exceeding one
hundred pounds.

8 . For the purpose of securing the observance of this Act, any Power of Board
officer having authority in that behalf from the Board of Thrade,

either general or special, shall have the same power as an inspector °

appointed under the Merchant Shipping Act, 1854, and shall also 17 & is Vict.
have power to inspect any grain cargo, and the mode in which the c * 104 *
same is stowed.

9. Every offence punishable under this Act may be prosecuted Prosecution of

summarily and every penalty under this Act may be recovered offences and
and enforced summarily in like manner as offences and penalties penalties,
under the Merchant Shipping Act, 1854, and the Acts amending 17 & is Vict.
the same. c * 104,

10. For the purposes of this Act— Definitions.

The expression “grain” means any corn, rice, paddy, pulse, seeds,

nuts, or nut kernels.

The expression “ ship laden with a grain cargo ” means a ship
carrying a cargo of which the portion consisting of grain is more
than one-third of the registered tonnage of the ship, and such third
shall be computed, where the grain is reckoned in measures of

Digitized by LjOOQle

264

Ch.43,44. Merchant Shipping (Carriage of Grain) Act . 43 & 44 Vict.

capacity, at the rate of one hundred cubic feet for each ton of regis¬
tered tonnage, and where the grain is reckoned in measures of
weight, at the rate of two tons weight for each ton of registered
tonnage.

Repeal of U. Section twenty-two of the Merchant Shipping Act, 1876, is

c 9 80 4 b° 22 Ct hereby repealed as from the commencement of this Act:

Provided that any offence against that section committed before
the commencement of this Act may be prosecuted, and the penalty
recovered and enforced, in like manner as if the said section had
continued to remain in force.

Short title.

Explanation of
8. 13 of
43 & 44 Viet,
c. 14. as to
rate of interest
and duration of
loans.

42 & 43 Viet,
c. 77.

43 & 44 Viet,
c. 14.

42 & 48 Viet,
c. 77.

Explanation of
s. 14 of

43 & 44 Viet,
c. 14. as to
oans to

Harbour Com¬
missioners.

43 & 44 Viet,
c. 14.

CHAPTER 44.

An Act to explain and amend Sections Seven, Thirteen,
and Fourteen of the Relief of Distress (Ireland) Am end-
ment Act, 1880. [7th September 1880.]

L This Act may be cited as the Irish Loans Act, 1880.

2. In order to remove doubts which have arisen with respect
to the meaning of the provisions of section thirteen of the Relief of
Distress (Ireland) Amendment Act, 1880, as to the rate of interest
and the period of repayment of loans under that section: Be it
enacted that,—

Notwithstanding anything contained in section two of the
Public Works Loans Act, 1879, and section thirteen of the Relief
of Distress (Ireland) Amendment Act, 1880, any loan purporting
to be made under the said section thirteen shall be made re¬
payable within such periods and at such rate of interest as are set
forth in a Minute of the Treasury made on the sixteenth day of
August one thousand eight hundred and seventy-nine with refe¬
rence to loans to which section two of the Public Works Loans Act,
1879, applies.

3. For the purpose of enabling a loan to be made under the
said section thirteen to Harbour Commissioners, a guarantee may
be granted under section fourteen of the Relief of Distress (Ireland)
Amendment Act, 1880, and that Act shall have effect as if Harbour
Commissioners were mentioned in section fourteen thereof after
trustees of any canal or river navigation.

Provided that the presentment sessions held next after every
spring assizes for the county of Wicklow, in and for each barony
of that county, guaranteeing any loan under the Relief of Distress
(Ireland) Amendment Act, 1880, for making, maintaining, or im¬
proving the Harbour of Wicklow, pursuant to the Acts in that
behalf, may, until such loan shall be repaid, elect one justice, by
ballot, from among the justices, and one cesspayer, by ballot, from
among the associated cesspayers constituting such sessions, and
every justice and cesspayer so elected shall, until the end of the
presentment sessions held in and for the same barony next after

Digitized by LjOOQle

1880.

265

Irish Loans Act , 1880. Ch. 44, 45.

the then ensuing spring assizes for the said county, be associated
with and become a commissioner as if appointed pursuant to the
said Acts for the purposes, and with the same estate, rights, powers,
privileges, and authorities, as if so appointed ; and until such loan
shall be repaid the number of commissioners for the purposes of
the said Acts shall not be restricted to twelve: Provided, that if
during his year of office such justice or cesspayer shall die, resign,
or be incapable of acting as such commissioner, then and so often
the other commissioners shall, from amongst the justices or asso¬
ciated cesspayers, as the case may be, who constituted the then last
presentment sessions in and for such barony, appoint by ballot
some other justice or cesspayer as a new commissioner in the place
of such deceased, resigned, or incapable commissioner, all whose
estate, rights, powers, privileges, and authorities as such commis¬
sioner shall vest in such new comndssioner in his appointment as
aforesaid.

4 . Notwithstanding anything contained in the Relief of Distress Provision

(Ireland) Amendment Act, 1880, loans under the thirteenth and ^ndon and* 1 *
following sections of the said Act may be made to the railway or Kilmacsimon
tramway from Bandon to Kilmacsimon, and tramwa y from Ahad a. railway or
toCloyne and Cloyne to Ballycotton, in the county of Cork, and to Vict.

tlie Lfmavady ^rtd'Dungiven Railway, in the county of Londonderry, c. 14 .

and the railway from Ballywilliam to New Ross, in the county of
Wexford.

5. Any reference in section seven of the Relief of Distress Explanation of
(Ireland) Amendment Act, 1880, to the board of guardians of any 43 7 & 44 vict
union authorised to give out-door relief under the third section of Cm 14#

the Relief of Distress (Ireland) Act, 1880, shall be construed to 43 Vict. c. 4.
refer to the board of guardians of any union which has at any time
been so authorised, and sub-section two of the said section seven
shall apply whether the loan contracted was for the purpose of
giving out-door relief or for any other purpose.

CHAPTER 45.

An Act to amend the Criminal Law as to Indecent
Assaults on Young Persons. [7th September 1880.]

E it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:

L This Act may be cited for all purposes as the Criminal Law short title.
Amendment Act, 1880.

2. It shall be no defence to a charge or indictment for an in- youn^pewon
decent assault on a young person under the age of thirteen to prove to be no
that he or she consented to the act of indecency.

3. This Act shall not apply to Scotland.

detence.

Application of
Act.

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266

21 & 22 Viet,
c. 44.

Short title.

21 & 22 Viet,
c. 44.

23 & 24 Viet,
c. 59.

Application of
purchase
money for
land sold by
university or
college.

21 & 22 Viet,
c. 44.

Rebuilding of
chancels to be
within Act.

21 & 22 Viet,
c. 44.

Act to apply to
moneys in
court.

Ch. 46. Universities & College Estates Amendment Act. 43 & 44 Vict.

CHAPTER 40.

An Act to amend the Universities and College Estates
Act, 1858. [7th September 1880.]

W HEREAS it is expedient to amend the provisions of the
Universities and College Estates Act, 1858:

1. This Act may be cited as the Universities and College Estates
Amendment Act, 1880, and this Act and the Universities and
College Estates Act, 1858, and the Universities and College Estates
Act Extension, 1860, may be cited collectively as the Universities
and College Estates Acts, 1858 to 1880.

2.—(l.) The purchase money of land sold by a university or
college under the Universities and College Estates Act, 1858, or
any other Act amending the same, shall, with the consent of the
Copyhold Commissioners, be from time to time applicable by the
university or college in the repayment of any money borrowed
under any of those Acts, or to any of the purposes to which money
so borrowed is applicable under those Acts.

(2.) Where any such purchase money is so applied, the like
provision shall be made by the university or college for replacing
the same as is by section twenty-eight of the Universities and
College Estates Act, 1858, required to be made for the repayment of
money borrowed under that Act: Provided that where any such
purchase money is applied in repayment of a loan, it shall be
replaced within or at the expiration of the period limited for repay¬
ment of the loan and upon the terms mentioned in the order of
the Copyhold Commissioners by which their consent to the loan is
or was evidenced.

(3.) The consent of the Copyhold Commissioners shall be evi¬
denced by an order under their hands and common seal in the
form or to the effect set forth in the schedule to this Act.

3. Any moneys applicable under the said Acts to or for any
of the purposes mentioned in the twenty-seventh section of the
Universities and College Estates Act, 1858, may also be applied, by
and under the authority of the said Copyhold Commissioners, in or
towards the restoration or rebuilding of the chancel of any church
which the university or college to which such moneys belong may
be by law liable to restore or rebuild.

4. The provisions of this Act shall apply as well to moneys
which have arisen from any sale, enfranchisement, or exchange of
lands belonging to a university or college under and by virtue of
the aforesaid Acts, as to moneys belonging solely to any such
university or college which may have arisen from the sale, enfran¬
chisement, or exchange of any such lands under any other Act of
Parliament, or otherwise howsoever, and which may be now or
hereafter standing to the account or credit of any cause or matter
in the Supreme Court of Judicature or in Her Majesty’s High Court
of Justice, or any division thereof, or in the names of trustees
nominated in pursuance of any Act of Parliament.

Digitized by LjOOQle

1880. Universities and College Estates Amendment Act , 1880. Ch.46. 267

5 . And whereas by section seven of the Universities and College
Estates Act Extension Act, I860, and the enactments therein referred
to, provision is made for the severance of benefices from headships
of colleges by means of the sale of the advowsons of the benefices,
and it is expedient that further and better provision be made for
such severance: Be it therefore enacted, that where a benefice is
by statute or otherwise annexed to the headship of a college as part
of the endowment of the headship, and it appears that the endow¬
ments of the benefice are sufficient to bear such a charge as is
herein-after mentioned, the college may by deed charge the whole
or any part of the land or other endowments of the benefice with
the paymeot to the head of the college for the time being of such
an annual sum, not exceeding one half of such endowments, as is
in the opinion of the Ecclesiastical Commissioners for England and
the bishop of the diocese proper and adequate, regard being had to
the value of the benefice, the requirements of the college, and the
population and other circumstances of the parish, and thereupon
the advowson and right of presentation of and in such benefice
shall be vested in the college freed and discharged from any trust
in favour of the head for the time being.

Severance of
benefices from
headships of
colleges.

23 & 24 Viet,
c. 59.

SCHEDULE.

Form of Order authorizing the application of Purchase Money in repayment of

Money boi'rowed.

Copyhold Commission.

In the matter of the Universities and College Estates Acts, 1858 to 1880, ex parte [ here
state title of university or college ].

Whereas there is now standing in the books of the Governor and Company of the Bank
of England, to the credit of the account of the Copyhold Commissioners, ex parte [here
state the particular account ] the sum of £ [ insert the amount of

cash or stock ], being moneys received from the sale [or enfranchisement, or for equality of
exchange, as the case may he ] of certain lands belonging to the said university [or college]
by virtue of certain orders heretofore issued by the said Commissioners under the provisions
of the said Acts :

And whereas by an order [or orders] of the said Commissioners, dated ,

the said university [or college] was authorized to raise the sum [or sums] of £
for the purpose of [here insert nature of loan\ :

And whereas there is now owing by the said university [or college] the sum [or sums]
of £ , being part of moneys borrowed by the said university [or

college] under the above-mentioned orders on the security of their lands ; and it has been
represented to the said Commissioners that the said first-mentioned sum of £

[or the sum of £ , part of the said first-mentioned sum of £ ]

may be properly applied in [or towards] the discharge of the said debt :

Now the said Commissioners, being of opinion that the proposed application of the said
money will be advantageous and for the interests of the said university [or college] and
their successors, do hereby approve of the same, and do direct that the said sum
of £ [or the said sum of £ to be paid or raised out

of the said sum of £ ] now standing to the credit of the said account,

be applied in [or towards] payment of the said debt.

But so nevertheless that the said sum of £ be replaced to the credit

of the said account within the period and upon the terms specified in the order [or orders]
authorizing the original loan [or loans].

Witness their hands and common seal this day of

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268

Ch. 46,47. Universities <k College Estates Amendment. 43 & 44 Vicr.

2 .

Form of Order authorizing the application of Purchase Money for improvement
purposes [or for loss of Fines through non-renewal of Leases ].

Copyhold Commission.

Id the matter of the Universities and College Estates Acts, 1858 to 1880, ex parte [ here
state title of university or college ].

Whereas there is now standing in the books of the Governor and Company of the
Bank of England, to the credit of the account of the Copyhold Commissioners ex parte
[here state the particular account'] the sum of £ [here insert the amount

of cash or stock ] being moneys derived from the sale [or enfranchisement, or for equality
of exchange, as the case may he] of certain lands belonging to the said university [or
college] by virtue of certain orders heretofore issued by the said Commissioners under the
provisions of the said Acts:

And whereas a statement has been submitted to the said Commissioners on behalf of
the said university [or college], containing a proposal for the application of the said sum
of £ [or the sum of £ part of the said sum of £ ]

to [here name the purpose to which it is proposed to apply the money ] the said application
being one within the provisions of the said Acts :

Now the said Commissioners, being of opinion, upon consideration of the circumstances,
that the proposed application of the said money will be advantageous and for the
interests of the said university [or college] and their successors, do hereby direct that the
said sum of £ [or the said sum of £ to be paid or raised

out of the said sum of £ ] now standing to the credit of the said account be

applied to the purpose aforesaid.

But so nevertheless that the said sum of £ be replaced to the credit of

the said account [here state the period and manner of repayment ].

Witness their hands and common seal this day of

CHAPTER 47.

Occupier to
have a right in¬
separable from
his occupation
to kill ground
game concur¬
rently with any
other person
entitled to kill
the same on
land in his
occupation.

An Act for the better protection of Occupiers of Land
against injury to their Crops from Ground Game.

[7th September 1880.]

W HEREAS it is expedient in the interests of good husbandry,
and for the better security for the capital and labour in¬
vested by the occupiers of land in the cultivation of the soil, that
further provision should be made to enable such occupiers to
protect their crops from injury and loss by ground game:

1. Every occupier of land shall have, as incident to and in¬
separable from his occupation of the land, the right to kill and
take ground game thereon, concurrently with any other person who
may be entitled to kill and take ground game on the same land:
Provided that the right conferred on the occupier by this section
shall be subject to the following limitations :

(1.) The occupier shall kill and take ground game only by him¬
self or by persons duly authorised by him in writing:

(a.) The occupier himself and one other person authorised
in writing by such occupier shall be the only persons

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1880.

269

Ground Game Act , 1880. Ch. 47.

entitled under this Act to kill ground game with fire¬
arms;

(6.) No person shall be authorised by the occupier to kill
or take ground game, except members of his household
resident on the land in his occupation, persons in his
ordinary service on such land, and any one other person
bona fide employed by him for reward in the taking and
destruction of ground game;

(c.) Every person so authorised by the occupier, on demand
by any person having a concurrent right to take and kill
the ground game on the land or any person authorised
by him in writing to make such demand, shall produce to
the person so demanding the document by which he is
authorised, and in default he shall not be deemed to be an
authorised person.

(2.) A person shall not be deemed to be an occupier 'of land
for the purposes of this Act by reason of his having a right of
common over such lands; or by reason of an occupation for
the purpose of grazing or pasturage of sheep, cattle, or horses
for not more than nine months.

(3.) In the case of moorlands, and uninclosed lands (not being
arable lands), the occupier and the persons authorised by him
shall exercise the rights conferred by this section only from the
eleventh day of December in one year until the thirty-first
day of March in the next year, both inclusive; but this pro¬
vision shall not apply to detached portions of moorlands or
uninclo8ed lands adjoining arable lands, where such detached
portions of moorlands or uninclosed lands are less than twenty-
five acres in extent.

2. Where the occupier of land is entitled otherwise than in Occupier
pursuance of this Act to kill and take ground game thereon, if he entitled to kill
shall give to any other person a title to kill and take such ground on°iwid nThls
game, he shall nevertheless retain and have, as incident to and occupation not
inseparable from such occupation, the same right to kill and take to divest
ground game as is declared by section one of this Act. Save as ritrirt 7
aforesaid, but subject as in section six hereafter mentioned, the
occupier may exercise any other or more extensive right which he

may possess in respect of ground game or other game, in the same
manner and to the same extent as if this Act had not passed.

3. Every agreement, condition, or arrangement which purports All agreements
to divest or alienate the right of the occupier as declared, given,

and reserved to him by this Act, or which gives to such occupier Napier to 1 °
any advantage in consideration of his forbearing to exercise such destroy ground
right, or imposes upon him any disadvantage in consequence of his 8^® void *
exercising such right, shall be void.

4. The occupier and the persons duly authorised by him as Exemption
aforesaid shall not be required to obtain a licence to kill game for ^ c °“ ( ^ me
the purpose of killing and taking ground game on land in the Ucence8,
occupation of such occupier, and the occupier shall have the same

power of selling any ground game so killed by him, or the persons

authorised by him, as if he had a licence to kill game: Provided
that nothing in this Act contained shall exempt any person from
the provisions of the Gun Licence Act, 1870.

33 & 34 Viet
c. 57.

Digitized by t^ooQle

43 & 44 VlCT.

270 Ch. 47.

Ground Game Act, 1880.

Saving clause.

Prohibition of
night shooting,
spring traps
above ground,
or poison.

As to non¬
occupierhaving
right of killing
game.

Interpretation

clause.

Exemption
from penalties.

Saving of

existing

prohibitions.

Short title.

5. Where at the date of the passing of this Act the right to kill
and take ground game on any land is vested by lease, contract of
tenancy, or other contract bona fide made forvaluable consideration
in some person other than the occupier, the occupier shall not be
entitled under this Act, until the determination of that contract,
to kill and take ground game on such land. And in Scotland when
the right to kill and take ground game is vested by operation of
law or otherwise in some person other than the occupier, the occu¬
pier shall not be entitled by virtue of this Act to kill or take
ground game during the currency of any lease or contract of tenancy
under which he holds at the passing of this Act, or during the
currency of any contract made bonfi. fide for valuable consideration
before the passing of this Act whereby any other person is entitled
to take and kill ground game on the land.

For the purposes of this Act, a tenancy from year to year, or a
tenancy at will, shall be deemed to determine at the time when
such tenancy would by law become determinable if notice or warn¬
ing to determine the same were given at the date of the passing of
this Act.

Nothing in this Act shall affect any special right of killing or
taking ground game to which any person other than the landlord,
lessor, or occupier may have become entitled before the passing of
this Act by virtue of any franchise, charter, or Act of Parliament.

6. No person having a right of killing ground game under this
Act or otherwise shall use any firearms for the purpose of killing
ground game between the expiration of the first hour after sunset
and the commencement of the last hour before sunrise; and no
such person shall, for the purpose of killing ground game, employ
spring traps except in rabbit holes, nor employ poison; and any
person acting in contravention of this section shall, on summary
conviction, be liable to a penalty not exceeding two pounds.

7. Where a person who is not in occupation of land has the sole
right of killing game thereon (with the exception of such right of
killing and taking ground game as is by this Act conferred on the
occupier as incident to and inseparable from his occupation), such
person shall, for the purpose of any Act authorising the institution
of legal proceedings by the owner of an exclusive right to game,
have the same authority to institute such proceedings as if he were
such exclusive owner, without prejudice nevertheless to the right of
the occupier conferred bv this Act.

8 . For the purposes of this Act—

The words “ ground game ” mean hares and rabbits.

9. A person acting in accordance with this Act shall not thereby
be subject to any proceedings or penalties in pursuance of any law
or statute.

10 . Nothing in this Act shall authorise the killing or taking of
ground game on any days or seasons, or by any methods, prohibited
by any Act of Parliament in force at the time of the passing of this
Act.

11 . This Act may be cited for all purposes as the Ground Game
Act, 1880.

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1880.

Expiring Laws Continuance Act, 1880.

Ch. 48.

271

CHAPTER 48.

An Act to continue various expiring Laws.

[7th September 1880.]

W HEREAS the several Acts mentioned in column one of the
schedule to this Act are, to the extent specified in column
two of that schedule, limited to expire on the thirty-first day of
December one thousand eight hundred and eighty : 8

And whereas it is expedient to provide for the continuance as in
this Act mentioned of such Acts, and of the enactments amending
the same :

Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and Tem¬
poral, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows :

1. This Act may be cited as thd Expiring Laws Continuance Act, short title.
1880.

2. The Acts mentioned in column one of the schedule to this Act, Continuance of
in so far as they are temporary in their duration, shall, to the
extent in column two of the said schedule mentioned, be continued
until the thirty-first day of December one thousand eight hundred
and eighty-one, and any enactments amending or affecting the
enactments continued by this Act shall, in so far as they are tem¬
porary in their duration, be continued in like manner.

SCHEDULE.

Original Act*.

How far continued.

Amending Acts.

5 & 6 Will. 4.c. 27. Linen, Hempen,
Cotton, and other Manufactures
(Ireland).

3 & 4 Viet. c. 89. Poor Rates, Stock
in Trade Exemption.

The whole Act so far as it is not
repealed.

The whole Act.

3 & 4 Viet. c. 91. (ex¬
cept ss. 18 and 23).
5 & 6 Viet. c. 68.

7 & 8 Viet. c. 47.

30 & 31 Viet. c. 60.

4 & 5 Viet. c. 35. Copyhold, Inclo¬
sure, and Tithe Commissioners.

4 & 5 Viet. c. 59. Application of
Highway Rates to Turnpike

So much as relates to the appoint¬
ment of and the period for hold¬
ing office by Commissioners and
other officers.

The whole Act.

14 & 15 Viet. c. 53.
25 & 26 Viet. c. 73.

(5)

10 & 11 Viet. c. 32. Landed Pro¬
perty Improvement (Ireland).

10 & 11 Viet. c. 98. Ecclesiastical
Jurisdiction.

(7)

11 & 12 Viet. c. 32.
(Ireland).

As to powers of Commissioners -

As to provisions continued by
21 & 22 Viet. c. 50.

County Cess The whole Act

12 & 13 Viet. c. 59.

13 & 14 Viet. c. 31.
25 & 26 Viet. c. 29.
29 & 30 Viet. c. 40.

20 & 21 Viet. c. 7.

Digitized by

Google

272

Ch. 48.

Expiring Laws Contimumce Act, 1880. 43 & 44 Vicr.

Original Acts.

How far continued.

Amending Acts.

(8)

14 & 15 Viet. c. 104. Episcopal

The whole Act so far as it is not

17 & 18 Viet. c. 116.

and Capitular Estates Manage-

repealed.

21 & 22 Viet. c. 94.

ment.

22 & 23 Viet. c. 46.

23 & 24 Viet. c. 124.

31 & 32 Viet. c. 114.

(9)

8. 10.

23 & 24 Viet. c. 19. Dwellings for

The whole Act.

—

Labouring Classes (Ireland).

(10)

As to appointment of inspectors,

24 & 25 Viet. c. 109. Salmon Fishery

—

(England) Act.

s.31.

(H)

25&26Vict.c.97. Salmon Fisheries

As to the powers of Commissioners,

26 & 27 Viet. c. 5a

(Scotland).

&c.

27 & 28 Viet c. 118.

(12)

26 & 27 Viet. c. 105. Promissory

The whole Act.

Notes.

(13)

27 & 28 Viet. c. 20. Promissory

The whole Act.

—

Notes and Bills of Exchange (Ire¬
land).

(14)

28 & 29 Viet. c. 46. Militia Ballots

The whole Act.

—

Suspension.

(15)

28 & 29 Viet. c. 83. Locomotives

The whole Act so far as it is not

41 & 42 Viet. c. 58.

on Roads.

repealed.

41 & 42 Viet. c. 77.
(Part II.)

(16)

29 & 30 Viet. c. 52. Prosecution

The whole Act.

—

Expenses.

(17) , t

32 & 33 Viet. c. 42. Irish Church

So much as relates to the period
for holding office by Commis¬
sioners and officers (s. 9.)

(18)

34 & 35 Viet. c. 87. Sunday Ob¬

The whole Act.

—

servance Prosecutions.

(19)

35 & 36 Viet. c. 33. Parliamentary

The whole Act

38 & 39 Viet. c. 40.

and Municipal Elections (Ballot).

(Municipal Elections.)
38& 39 Viet. c. 84. \

(20)

41 & 42 Viet. c. 41./
(Returning Officers

Expenses.)

38 & 39 Viet. c. 48. Police Expenses

The whole Act.

—

(21)

39 & 40 Viet. c. 21. Juries (Ire¬

The whole Act.

land).

Digitized by LjOOQle

APPENDIX AND INDEX.

[tin LAW lUttOKTS.]

Digitized by t^ooQle

CONTENTS.

1. Table of the Titles of the Local and Private Acts

PASSED DURING THE SESSION.

2. List of the Local and Private Acts, arranged in

Classes.

3. Tables showing the Effect of the Year’s Legis¬

lation.

4. Index to the Public General Statutes.

Digitized by LjOOQle

TABLE

The Titles of the Local and Private Acts passed during

the Session.

LOCAL ACTS.

The Titles to which the Letter P. is prefixed are Public Acts of a Local Character.

i. A N Act to enable the Edinburgh and District Water Trustees to borrow

additional sums of money; and for other purposes.

ii. An Act to alter the Boundaries of certain of the existing Wards and to
create new Wards in the city of Bristol; and for other purposes.

. iii. An Act to confirm a Provisional Order under the Drainage and Improvement
of Lands (Ireland) Act, 1863, and the Acts amending the same.

iv. An Act to authorise the Bury and Tottington District Railway Company
to raise additional Capital; and for other purposes.

V. An Act to provide for the Sale of a Burial Ground of the parish of Aston-
juxta-Birmingham, situate in Liverpool Street, in the borough of Birmingham ;
and for other purposes.

Vi. An Act to make provision with respect to Mortgages by the Municipal
Commissioners of the Borough of CarricKfergus and the Carrickfergus Harbour
Commissioners of their respective Properties for the improvement of Carrick¬
fergus Harbour; and for other purposes.

vii. An Act to enable the Vestry of Saint Luke, Middlesex, to lease and other¬
wise deal with Surplus Lands acquired by them in making Street Improve¬
ments.

viii. An Act for amending some of the Provisions of the Cardiff Corporation
Act, 1879, and for conferring Powers upon the Cardiff Waterworks Company ;
and for other purposes.

iX. An Act to enable the Chester United Gas Company to raise additional
Capital

X, An Act for empowering the London and North-western Railway Company to
construct a new railway to be called the Sutton Coldfield and Lichfield Rail¬
way ; and for other purposes.

Xi. An Act to enlarge the powers of the Lord Provost, Magistrates, and Council
of the City of Glasgow as Trustees for carrying into effect the provisions of
the Glasgow Improvements Acts of 1866 and 1871.

Xii. An Act for the Abandonment of the Railway authorised by the Worcester
and Aberystwith Junction Railway (Deviation) Act, 1877; and for other pur¬
poses.

Xiii. An Act for extending the time for the completion of the Llanelly and
Mynydd Mawr Railway; and for other purposes.

XiV. An Act to amend the Provisions of certain Acts relating to the Liverpool
and Birkenhead Docks with regard to Byelaws; and for other purposes.

XV. An Act for the Abandonment of the Railway authorised by the Wednesfield
and Wyrley Bank Railway Act, 1875.

S 2

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278 Table of the Statutes. 43 & 44 Vict.

zlviL An Act for granting further Powers to the Didcot, Newbury, and South-
ampton Junction Railway Company; and for other purposes.

zlviji. An Act for authorising the Construction of a Railway from the Gwinear
Road Station of the West Cornwall Railway Company to Helston; and for
other purposes.

yIitt- An Act to authorise the Bristol Port and Channel Dock Company to
make a new Entrance into their Dock, and to confer further powers upon
them.

1. An Act for making a railway in the parishes of Beckenham, Wickham other¬
wise West Wickham, and Hayes, in the county of Kent; and for other pur¬
poses.

li. An Act to incorporate a Company for establishing and holding Markets and
Fairs and Slaughter-houses, and building a Town Hall in the Town of
Aberdare, in the County of Glamorgan, and to authorise the Company to
purchase the Undertaking of the Aberdare Market Company; and for other
purposes.

lii. An Act for the revival of the powers for making and maintaining a Bridge
across the River Severn at Shrewsbury, with Approaches thereto ; and for
other purposes.

liii. An Act for the abandonment of the Bridge authorised by the Stapenhill
Bridge Act, 1865, and for the making and maintaining of another Bridge in
lieu thereof; and for other purposes.

liv. An Act to amend the Corns, Machynlleth, and River Dovey Tramroad
Act, 1858, and the Corris Railway Act, 1864, and to confer further powers
upon the Corris Railway Company; and for other purposes.

lv. An Act for extending the time limited by the Swansea Harbour Act, 1874,
for the completion of the Docks, Railways, and Works by that Act authorised,
and for enabling the Earl of Jersey to act as a Harbour Trustee.

lyi. An Act for the abandonment of the Cashel Extension Railway authorised
by the Southern Railway (Extension and Further Powers) Act, 1873; and for
other purposes.

lvii. An Act to authorise the Mayor, Aldermen, and Burgesses of the Borough
of Wakefield to construct certain Reservoirs and Waterworks, to contract their
limits of supply; and for other purposes.

P# lviii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Improvement Act District of Abergavenny (two), the
Local Government Districts of Baldock, Bredbury, Bromsgrove, Cuckfield,
and Ebbw Yale, the Hanley, Stoke, and Fenton Joint Hospital District, [the
Local Government District of Heckmondwike, the Borough of Pembroke,
and the Local Government Districts of Swindon New Town, and Withington.

P. liw- An Act to confirm certain Provisional Orders of the Local Government Board
relating to the Rural Sanitary Districts of the Amersham, Ashby-de-la-Zouch,
and Basford Unions, the Borough of Chard; the Local Government District of
Croydon, the Borough of Cheltenham, the Rural Sanitary District of the
Hendon Union, the Local Government Districts of Hornesy and Leyton, the
City of Lincoln, the Borough of Plymouth, the Local Government District of
Redditch, the Rural Sanitary District of the Shardlow Union, and the Local
Board of Health District of Woolwich.

P. lx. An Act to confirm a Provisional Order of the Local Government Board
under the provisions of the Poor Law Amendment Act, 1867, relating to the
City of Canterbury, and an Order of the Local Government Board under the
provisions of the Divided Parishes and Poor Law Amendment Act, 1876, as

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1880 .

Local Acta. 279

amended and extended by the Poor Law Act, 1879, relating to the parishes
of Bepton, Chithurst, Famhurst, Iping, Kirdford, Linch, Linchmere, Lodsworth,
Lurgashall, Selham, Stedham, Terwick, Trotton, and Woolbeding, and to the
Tything of North Ambersbam.

P. lxi. An Act for confirming certain Provisional Orders made by the Board of
Trade under the Gas and Water Works Facilities Act, 1870, relating to Chew
Magna Gas, Garstang Gas, Halstead Gas, Harrogate Gas, Holywell Gas, Long
Eaton Gas, Trowbridge Gas, Broadstairs Water, East Blatchington and Seaford
Water, Gisborough Water, Harrogate Water, Luton Water, Newhaven and
Denton Water, Norwood (Middlesex) Water, and Pwllheli Water.

P. lxii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Local Government District of Ashford, the Improvement
Act District of Bournemouth, the Urban Sanitary District of Folkestone, the
Local Government Districts of Ilfracombe and Mirfield, the Rural Sanitary
District of the Reigate Union, and the Port of Wisbech.

P. lxiii. An Act to confirm certain Provisional Orders of the Local Government
Board for Ireland relating to a new Street in Dublin, and to Waterworks in
the town of Fermoy.

P. lxiV. An Act to confirm the Provisional Order for the Regulation of certain
Lands known as Abbotside Common, situate in the parish of Aysgarth, in the
county of York, in pursuance of a report of the Inclosure Commissioners for
England and Wales.

lXV. An Act to authorise the Manchester and Milford Railway Company to
abandon the Branch Railway to Devil’s Bridge ; and for other purposes,
bnri. An Act for conferring further powers upon the Exmouth and Budleigh
Salterton Waterworks Company; for the raising of further capital; and for
other purposes.

lxvii. An Act for incorporating and conferring Powers on the Malton Gas
Company.

lxviii. An Act to amend, vary, and extend the Powers of the Caledonian
Insurance Company, and for other purposes relating thereto,
lxix. An Act to enable the London, Tilbury, and Southend Railway Company
to improve and extend the West Street Pier at Gravesend, and to construct a
Wharf at Thames Haven.

lxx. An Act to authorise the Wrexham Waterworks Company to make new
Service Reservoirs and Filter Beds; to further extend their Limits of Supply ;
to raise additional Capital; and for other purposes,
lxxi. An Act to confer further Powers upon the London, Brighton, and South
Coast Railway Company.

lxxii. An Act to authorise the Wandsworth and Putney Gaslight and Coke
Company to raise further Capital; and for other purposes,
lxxiii. An Act for empowering the Corporation of the Borough of Stafford to
acquire certain rights in Coton Field in the said borough, and to authorise
the formation of allotment gardens for the Freemen of the borough, and of
public pleasure grounds in Coton Field, and for conferring on the Corporation
further powers in relation to their water undertaking and street improve¬
ments, and further sanitary and other powers ; and for other purposes,
lxxiv. An Act for extending the time for making and completing the Mersey
Railway.

lxxv. An Act to extend the period for the completion of the works authorised
by the Belfast Street Tramways Act, 1878.
lxxvi. An Act to enable the Lincoln Gaslight and Coke Company to raise
additional capital; and for other purposes.

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280 Table of the Staivies. 43 & 44 Vicr.

Ixxvii. An Act to give effect to an agreement for the transfer to the Cor¬
poration of Lancaster of the Lancaster Gas Company’s Undertaking, and to
authorise the Corporation to make Street Improvements, and to borrow
Moneys ; and for other purposes.

lxxviii. An Act to amend the Pegwell Bay Reclamation and Sandwich Haven
Improvement Act, 1873, and the Acts amending the same.

Ityit. An Act to enable the Bristol General Cemetery Company to enlarge their
Cemetery, to raise additional Capital; and for other purposes.

Ixxx. An Act for authorising Improvements in the Parishes of Saint Mary
Abbotts Kensington, and Saint Luke Chelsea; and for other purposes.

P. lxxxi . An Act to confirm the Provisional Order for the Regulation of certain
Lands known as Clent Hill Common, situate in the parish of Clent, in the
county of Worcester, in pursuance of a report of the Inclosure Commissioners
for England and Wales.

P. Itytii. An Act to confirm a Provisional Order under the Land Drainage Act,
1861, relating to Frodsham and Helsby Improvements, situated in the parish
of Frodsham, in the county of Chester,

P. lxxxiii. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Rural Sanitary District of the Alnwick Union, the Borough
of Barnsley (two), the Local Government District of Brentford, the Rural
Sanitary District of the Durham Union, the Local Government Districts of
Ealing, East Dereham, and Mountain Ash (two), the Boroughs of Newcastle-
under-Lyme and Penzance, the Rural Sanitary Districts of the Rothbury and
Settle Unions, and the Local Government District of Torquay.

P. lxxxiv. An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Borough of Kingston-upon-Hull, and the Improvement
Act District of Ramsgate.

P. lxxxv. An Act to confirm certain Provisional Orders made by the Board of
Trade under the General Pier and Harbour Act, 1861, relating to Aldrington,
Anstruther, Bouldnor, Broadstairs, Carrickfergus, Castle Bay (Barra), Llan¬
dudno, and Tralee and Fenit; and to amend the Cattewater Harbour Order,
18 76.

P. lxxxvL An Act to confirm certain Provisional Orders of the Local Government
Board relating to the Borough of Aberavon, the Local Government District
of Ashton-in-Makerfield, the City of Canterbury, the Local Government
District of Cleator Moor, the Borough of Congleton, the Local Government
District of Homcastle, the City of Lincoln, the Local Government District of
Littlehampton, the Improvement Act District of Llandudno, the Local Govern¬
ment Districts of Ossett-cum-Gawthorpe and Oswaldtwistle, the City of Saint
Alban (two), and the Borough of Sunderland.

P. lxxxvii. An Act to confirm the Provisional Order for the inclosure of certain
lands known as Hendy Bank Common, situate in the parish of Cefhllys in
the county of Radnor, in pursuance of a Report of the Inclosure Commissioners
for England and Wales.

P. lxxxviiL An Act to confirm the Provisional Order for the inclosure of certain
Lands known as the Common Fields, the Common Meadow Lands, the Cow
Common, the Green, the Meres, Baulks, and other waste lands, situate in the
parish of Steventon, in the county of Berks, in pursuance of a Report of the
Inclosure Commissioners for England and Wales.

P, Ityyiy. An Act to confirm the Provisional Order for the inclosure of certain
Lands known as Llandegley Rhos Common, situate in the parish of Glascwm,
in the county of Radnor, in pursuance of a Report of the Inclosure Commis¬
sioners for England and Wales,

Digitized by LjOOQle

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Local Acts.

281

arc. An Act to confirm the Provisional Orders for the regulation of certain
Lands forming part of the Lizard Common, and situated in the parish of
Landewednack, in the county of Cornwall, and the Provisional Orders for the
inclosure of certain other Lands forming the remainder of the said common,
and situated in the same parish, in pursuance of a Report of the Inclosure
Commissioners for England and Wales.

?• xci. An Act to confirm a Provisional Order made under the Public Health
(Scotland) Act, 1867, relating to the Borough of Lanark,

?• XCii. An Act to confirm a Provisional Order made under the Public Health
(Scotland) Act, 1867, relating to the Parish of Blantyre.

P. acciii. An Act to confirm an Order of the Local Government Board under the
provisions of the Divided Parishes and Poor Law Amendment Act, 1876, as
amended and extended by the Poor Law Act, 1879, relating to the Parishes of
Bowers Gifford, Hadleigh, Laindon, Leigh, North Benfleet, Pitsea, Prittlewell,
South Benfleet, Southchurch, and Vange.

P. xciv. An Act to enable Her Majesty's Postmaster-General to enlarge and acquire
a site for the South-western (of London) District Post Office.

XCV. An Act to enable the Mayor, Aldermen, and Burgesses of the Borough of
Cork to make better Regulations with reference to Street Traffic and Streets, to
confer further powers on the Corporation with reference to Water Supply, to
fund the Corporate Debt; and for other purposes.

XCVi. An Act to confer further Powers upon the London Gaslight Company;
and for other purposes.

XCViL An Act for empowering the North Metropolitan Tramways Company to
construct Works and raise further Money, and to make Agreements with the
London Street Tramways Company; and for other purposes.

XCViii. An Act for the improvement of the Drainage of the Upper and Wittersham
Levels, otherwise the Kent and Sussex Rother Levels ; and for other purposes.

XCix. An Act to enable the Mayor, Aldermen, and Burgesses of the borough of
Huddersfield to construct Tramways, New Streets, Roads, and Street and Road
Improvements, and other Works ; and to make further provision for the good
government of the borough ; and for other purposes.

C. An Act to repeal the Portmadoc Water Order, 1871 ; to incorporate a Company,
and to vest in such Company the undertaking authorised by the said Order,
and to grant powers to such Company for the construction of additional Water¬
works, and for the supply of water to Portmadoc and the neighbourhood thereof ;
and for other purposes.

Ci. An Act to authorise the construction of Tramways in the Borough of North¬
ampton and adjacent places; and for other purposes.

Cii. An Act to confer further powers upon the Yeadon and Guiseley Gaslight
and Coke Company and to enable them to raise further money; and for other
purposes.

ciii. An Act to extend the limits of the Great Yarmouth Waterworks Company,
and to authorise the said Company to construct new works and raise more
money ; and for other purposes.

Civ. An Act for providing for the return of the Money deposited Tor securing
the Completion of the Railways authorised by the Devon and Cornwall Railway
(Western Extensions) Act, 1873.

CV. An Act to authorise the Ballymena, Cushendall, and Redbay Railway Com¬
pany to apply to the purposes of the Ballymena, Cushendall, and Redbay
Railway Act, 1872, a sum of twenty-two thousand pounds which they are
authorised to raise under the Powers of the Ballymena, Cushendall, and Redbay
Railway Act, 1878, and which is not required for the purposes of that Act.

Digitized by t^ooQle

282 Table of the Statutes. 43 & 44 Vict.

cvi. An Act to confer further powers on the Metropolitan District Railway
Company.

GVii. An Act for the revival of the powers and extension of the time for the
compulsory purchase of lands and completion of the works authorised by the
Romford Canal Act, 1875.

GViii. An Act for extending the Rathmines and Rathgar township, so as to
include therein the adjoining townland of Milltown, in the county of Dublin;
for the establishment of a Fire Brigade; and for other purposes.

Cix. An Act to revive the powers and extend the periods respectively limited
for the Construction of Waterworks and Supply of Water and the Purchase of
Market Rights authorised by the Sligo Borough Improvement Act, 1869 ; and
for other purposes.

CX. An Act for amalgamating the Monmouthshire Railway and Canal Company
with the Great Western Railway Company.

CXi* An Act for rendering valid certain Letters Patent granted to Bristow Hunt
for the Invention of improved Machinery or Apparatus for setting and distri¬
buting Types.

cxii. An Act for dissolving the Manchester Carriage Company, Limited, and
re-incorporating the Members thereof as a new Company, and for transferring
to such new Company the powers conferred by the Manchester Suburban
Tramways Acts, 1878 and 1879, and the Manchester Suburban Tramways
Orders, 1877 and 1878; and for conferring further powers for the construction
of new and the completion of authorised Tramways; and for other purposes.

CXiii. An Act for incorporating and conferring powers on the Ack worth. Feather-
stone, Purston, and Sharlston Gas Company.

cxiv. An Act to enable the Maidstone Gas Company to construct additional
Works ; to raise further Capital; and for other purposes.

CXV. An Act for enabling the Reading Gas Company to raise additional Capital
and to construct new Works ; and for other purposes.

cxvi. An Act to incorporate a Company for making Works and supplying Water
within certain parishes and townships in the Valley of the Deame; and for
other purposes.

CXVii. An Act to authorise the Hundred of Hoo Railway Company to extend
their Railway by the making of a further Line of Railway, and also a jetty,
pier, or landing-place, in the county of Kent, to raise further Money ; and for
other purposes.

CXVlii. An Act to extend the Borough of Preston and to enable the Mayor,
Aldermen, and Burgesses thereof to provide a Site for a Public Library and
Museum, to make new Streets, Street Improvements, Tramways, and other
works; and to make further provision for the Improvement and good Govern¬
ment of the Borough ; and for other purposes.

CXiX. An Act for empowering the Corporation of the City of Rochester to acquire
the undertaking of the Strood Waterworks Company, and carry on the same;
to construct additional Waterworks and supply Water; to construct Embank¬
ment and Sewerage Works ; and for other purposes.

GXX. An Act for empowering the British Gaslight Company, Limited, to en¬
large their works and to expend further capital at their Staffordshire Potteries
Station ; and for other purposes.

cxxi. An Act for rendering valid certain Letters Patent granted to William
Shepherd Williamson, of Congleton in the County of Chester, for the Invention
of Improvements in Blast Furnaces.

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283

Local Acta*

OXXii. An Act to authorise the Dartford Gas Company to purchase additional
lands, to raise additional capital, to amalgamate with the Darenth Vale Gas
Company, to extend the limits of supply; and for other purposes,

OXXiii* An Act to provide for the dissolution of the Glasgow, Garnkirk, and
Coatbridge Railway Company, the Clydesdale Railway Guaranteed Company,
the Greenock Railway Guaranteed Company, the Wishaw Railway Guaranteed
Company, and the Glasgow, Barrhead, and Neilston Direct Railway Company,
and for the conversion of the stocks of those Companies into annuities stock
of the Caledonian Railway Company ; and for other purposes.

CXXiv. An Act to amend the Bristol Channel Pilotage Act, 1861, so far as relates
to jthe Cardiff Pilotage Board ; and for other purposes.

CXXV. An Act to make further provision for the lighting of the Borough of
Kingston-upon-Hull, and to extend the powers of the Mayor, Aldermen, and
Burgesses of the Borough in relation to the supply of light by electricity ; and
for other purposes.

CXXVi. An Act for carrying into effect an Agreement for the transfer by the
Liverpool United Tramways and Omnibus Company of their Tramways in the
City of Liverpool to the Corporation of Liverpool, and for the Lease of those
Tramways to the Company ; and for other purposes.

CXXVii. An Act for empowering the Mayor, Aldermen, and Burgesses of the
borough of Wigan in the county of Lancaster to make New Streets, and
Improvement of Streets; and for conferring on them further Borrowing Powers
and other powers ; and for other purposes.

CXXViii. An Act for making better provision for the Drainage of the Low
Grounds and Carrs (known as the Beverley and Barmston Drainage District)
in the East Riding of the County of York, and for amending the Acts relating
thereto; and for other purposes.

CXXix. An Act to amalgamate the Undertakings of the Highland and Dingwall
and Skye Railway Companies; and for other purposes.

P. CXXX. An Act to continue for a limited period the powers of the Arbitrator
under the Epping Forest Act, 1878, and to amend that Act

p # cxxxi. An Act to confirm the Provisional Order of one of Her Majesty’s
Principal Secretaries of State for the modification of the Metropolis (High
Street, Islington) Improvement Scheme.

P. cxxxii. An Act to confirm certain Provisional Orders of the Local Govern¬
ment Board relating to the Local Government District of Eastbourne, the
Improvement Act District of Herne Bay, the Local Government Districts of
Northwich and Pudsey, the Improvement Act District of Ramsgate, and the
Local Government District of West Ham.

P. cxxxiii. An Act to confirm the Provisional Order for the Inclosure of certain
Lands known as Llanfair Hills, situate in the parish of Llanfair Watordine,
in the county of Salop, in pursuance of a report of the Inclosure Commis¬
sioners for England and Wales.

cxxxiv. An Act to authorise the Metropolitan Railway Company to make a
railway in extension of the Kingsbury and Harrow Railway to the town of
Rickmansworth ; and for other purposes.

CXXXV. An Act to confirm an agreement between the Glasgow, Yoker, and
Clydebank, and North British Railway Companies ; and for other purposes.

cxxxvi. An Act to vary the mode of dealing with certain roads crossed by the
authorised railways of the East Norfolk Railway Company, and to confer
certain powers on the Great Eastern Railway Company with reference to the
Western Extensions Capital of the East Norfolk Railway Company; and for
other purposes.

Digitized by LjOOQle

43 & 44 Vicr.

284 Table of the Statutes.

CXXXvii. An Act to amend the Acts relating to the Clyde Lighthouses, and to
provide for the improvement of the Navigation of the River Clyde below
Newark Castle, Port Glasgow.

CXXXViii. An Act to enable the Rathmines and Rathgar Improvement Com¬
missioners to improve the Water Supply of the Rathmines and Rathgar town¬
ship ; and for other purposes.

CXXXix. An Act to confer powers upon the Corporation of Burton-upon -Trent
with reference to Bridges over the River Trent at Stapenhill; to enable them
to purchase Lands and construct Works for the disposal of Sewage ; and to
supply Light by Electricity; and for other purposes.

CXl. An Act to confer further powers with respect to the Great Northern Rail¬
way and to the joint undertakings of the Great Northern and Great Eastern
‘and Great Northern and London and North-western Railway Companies.

cxli. An Act for conferring upon the Great Western Railway Company further
Powers in connexion with their own Undertaking and the Undertakings of
other Companies; for vesting in that Company the Undertakings of the Ely
and Clydach Valleys, the Malmesbury, and the Mitcheldean Road and Forest
of Dean Junction Railway Companies ; for vesting in the Great Western
Railway Company and the Bala and Festiniog Railway Company the Under¬
taking of the Festiniog and Blaenau Railway Company, Limited; and for
other purposes.

CXlii. An Act for extending the boundaries of the Municipal Borough of King's
Lynn; for authorising the Corporation of the said borough to subscribe
further moneys towards the King's Lynn Docks; for amending the King's
Lynn Waterworks and Borough Improvement Act, 1859, and the Eau Brink
Acts; and for other purposes.

CXliii. An Act for enabling the Mayor, Aldermen, aud Citizens of the City of
Liverpool in the county of Lancaster to obtain a supply of Water from the
Rivers Vymwy, Marchnant, and Afon Cowny in Montgomeryshire; and for
other purposes.

CXliv. An Act to enable the Liverpool United Gaslight Company to erect
additional Gasworks, and to extend their Limits of Supply.

CXlv. An Act for conferring further powers upon the London and North-western
Railway Company in connexion with their own Undertaking, and upon that
Company jointly with the Lessees of the North and South Western Junction
Railway, and the Great Western Railway Company, and the Lancashire and
Yorkshire Railway Company, and the Manchester, Sheffield, and Lincolnshire
Railway Company, and the Furness Railway Company, in respect of other
Undertakings in which they are jointly interested; and for conferring further
Powers upon the Lancashire Union Railways Company; and for other
purposes.

CXlvL An Act for conferring additional powers on the Midland Railway
Company in connexion with their own Undertaking and the Undertakings
of the Sharpness New Docks and Gloucester and Birmingham Navigation
Company and the Severn Bridge Railway Company; for raising further
Capital; and for other purposes.

CXlvii. An Act to alter and extend the borougli of Oldham, to confer upon
the Corporation further powers in relation to their Water and Gas undertakings,
and for improving the Local Government of the borough ; to amend the Acts
relating to the borough ; and for other purposes.

CXlviii. An Act for conferring further powers on the Banbury and Cheltenham
Direct Railway Company in connexion with their authorised Undertaking;
and for other purposes.

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1880.

Local Acts.

285

Oxlix. An Act for incorporating the Dagenham and District Farmers* (Optional)
Sewage Utilization Company, and for authorising them to construct Works for
Supply of Sewage to Owners and Occupiers of Laud in Dagenham and the
adjacent District; and for other purposes.

Cl. An Act for making a Bailway from Woodside to South Croydon, in the
county of Surrey; and for other purposes.

eli. An Act for subjecting lands within the Black Sluice Level to further taxa¬
tion for Outfall Improvements, and for increasing the area of taxation; and
for other purposes.

clii. An Act for making Tunnels, Subways, and Roadways partly under the
River Mersey between Liverpool and Birkenhead.

Cliii. An Act to authorise the construction of a New Cut and other Works for
improving the Outfall of the River Witham, in the county of Lincoln, and
the constitution of a Joint Board for effecting such works; and for other
purposes.

J?. Cliv. An Act to confirm certain Provisional Orders made by the Education
Department under the Elementary Education Act, 1870, to enable the School
Boards for Cardiff, Liverpool, Southampton, and Walton-on-Thames to put in
force the Lands Clauses Consolidation Act, 1845, and the Acts amending the
same.

Civ. An Act to confer further powers on the London Tramways Company
(Limited).

clvi. An Act for making a Railway from the Blane Valley Railway to the
Forth and Clyde Junction Railway at Gartness, and a Railway from the Forth
and Clyde Junction Railway to Aberfoyle ; and for other purposes.

clvii. An Act to authorise the transfer of the Undertaking of the Hinckley
Gaslight and Coke Company, Limited, to the Hinckley Local Government
Board; and for other purposes.

Clviii. An Act to revive and amend the powers of the Killorglin Railway Act,
1871, for making a Railway in the county of Kerry from the Farranfore
Station of the Great Southern and Western Railway to Killorglin, to provide
for a Baronial Guarantee with reference to the Railway; and for other
purposes.

Clix. An Act for making Railways between Maidstone and Ashford in the
county of Kent; and for other purposes.

clx. An Act to authorise the Pontypridd, Caerphilly, and Newport Railway
Company to deviate a portion of their authorised railway near Pontypridd.

Clxi. An Act for making a Railway in the county of Devon, to be called the
Totnes, Paignton, and Torquay Direct Railway ; and for other purposes.

Clxii. An Act to empower the Preston Tramways Company to accept leases
of and to work Tramways to be hereafter constructed in or near the Borough
of Preston, and to authorise them to raise additional Capital; and for other
purposes.

clxiii. An Act to revive the powers and extend the periods for the compulsory
purchase of Lands, and for the construction of the Railways authorised by the
Scarborough and Whitby Railway Acts, 1871 and 1873; and for other
purposes.

cliiv. An Act to authorise the construction of Tramways in and near to the
borough of Gateshead, in the county of Durham; and for other purposes.

Clxv. An Act to enable the Lynn and Fakenham Railway Company to extend
their Railway to Norwich and Blakeney; and for other purposes.

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286 Table of the Statutes. 43 & 44 Vict.

clxvi. An Act to authorise a Deviation in the Kingsbury and Harrow Railway;
the Revival and Extension of Time for the Purchase of Lands in connexion
with the Works authorised by the Saint John’s Wood Railway Act, 1873, and
the Metropolitan Railway Act, 1877; the Purchase of other Lands; tire
diverting or stopping up of certain bridle road and footpaths; also to amend
the Acts relating to the Hammersmith and City Railway with respect to
superfluous Lands, and the Metropolitan and District Railways Act, 1879,
with respect to Capital; and for other purposes.

Clxvii. An Act to amalgamate the Port Carlisle Dock and Railway Company,
the Carlisle and Silloth Bay Railway and Dock and the North British,
Arbroath, and Montrose Railway Companies with the North British Railway
Company, and to authorise the Company to make a Dock at Silloth ; to
purchase additional Lands; to make agreements with respect to the erection
of Passenger Sheds at the Waverley Station; to guarantee Interest on sums
raised for Dock Works at Bo’ness; to contribute to the Forth Bridge Railway
Company, and to authorise the Newport Railway Company and the Company
to raise more Money; also to extend the time for the sale of superfluous
Lands; and for other purposes.

olxviii. An Act for incorporating the Alford and Sutton Tramways Company
and authorising them to construct Tramways from Alford to Sutton-le-Marsh
in the parts of Lindsey in the county of Lincoln ; and for other purposes.

ftlviv. An Act to empower the North Dublin Street Tramways Company to
construct New Tramways ; and for other purposes.

cItt. An Act to alter and extend the powers of the Trustees of the Port and
Harbours of Greenock in relation to the Harbours and Docks; and for other
purposes

P. clxxL An Act to confirm a certain Provisional Order of the Local Government
Board for Ireland made under the Artizans and Labourers Dwellings Improve¬
ment Act, 1875, relating to the city of Dublin; and a certain Provisional
Order of the said Board made under the Public Health (Ireland) Act, 1878,
relating to Waterworks in the city of Armagh.

P. clxarii. An Act for confirming certain Provisional Orders made by the Board
of Trade under the Tramways Act, 1870, relating to Bath Tramways, Birkdale
and Southport Tramways, Bristol Tramways (Extensions), Cambridge Street
Tramways (Extension), Cardiff District and Penarth Harbour Tramways
Croydon Street Tramways (Extensions), Darlington Tramways, Dudley,
Sedgley, and Wolverhampton Tramways, Ipswich Tramways (Extensions),
Llanelly Tramways, Merthyr Tramways, Peterborough Tramways, Staffordshire
Tramways (Additional Powers), Stockton-on-Tees and District Tramways,
Sunderland Tramways (Use of Mechanical Power), Withington Local Board
Tramways, and Wolverhampton Tramways (Use of Mechanical Power).

P. oIttiH. An Act for confirming certain Provisional Orders made by the Board
of Trade under the Tramways Act, 1870, relating to Birmingham and Aston
Tramways, Blackpool St. Anne’s-on-the-Sea and Lytham Tramways, Bradford
Corporation Tramways, Carlisle and District Tramways, Folkestone, Sandgate,
and Hythe Tramways, North Staffordshire Tramways, Rothesay Tramways,
Walsall and District Tramways, Walton-on-the-Hill Tramways, and Woolwich
and Plumstead Tramways.

P. Obadv. An Act to make further provision with respect to the Powers of the
Commissioners for Public Works in Ireland in relation to a grant and loan for
the Improvement of Kinsale Harbour, and to enable the Town Commissioners
of Kinsale to guarantee a loan and levy rates for the purposes of such
Improvement.

Digitized by LjOOQle

1880 .

Local Acte. 287

clxxv. An Act to confirm a Provisional Order of one of Her Majesty's Principal
Secretaries of State for the Improvement of Unhealthy Areas in the Parlia¬
mentary Burgh of Leith.

clXXVi. An Act to confirm a Provisional Order made under the General Police
and Improvement (Scotland) Act, 1862, relating to Forfar Gas.

Clxxvii. An Act to confirm certain Provisional Orders under the Drainage and
Improvement of Lands (Ireland) Act, 1863, and the Acts amending the same,
clxxviii. An Act to confirm certain Provisional Orders of the Local Govern¬
ment Board relating to the Improvement Act District of Bethesda, the Borough
of Birmingham, the Local Government District of Haworth, the Lower Thames
Valley Main Sewerage District, the Borough of Rochdale, the Rochester and
Chatham Joint Hospital District, the Boroughs of Rotherham, Stockton, and
Middlesbrough, and the City of York (two),
clxxix. An Act for making a Railway from Tralee to Fenit, in the county of
Kerry and for other purposes.

clXXX. An Act for making a Railway from Anstruther to Saint Andrews, in
the county of Fife ; and for other purposes.
clxxxL An Act to make further provision for regulating the supply of Gas by
the Gas Light and Coke Company, the Commercial Gas Company, and the
South Metropolitan Gas Company, and to amend the Acts relating to the said
Companies.

Clxxxii. An Act to confer further powers on the Halesowen Railway Company ;
and for other purposes.

clxxxiii. An Act for enabling the London and South-western Railway Com¬
pany to execute further Works and to acquire further Lands for the improve¬
ment of their Railways ; for confirming certain agreements; and for conferring
other Powers upon the Company and other Companies ; and for other purposes,
clxxxiv. An Act to authorise the Belfast Central Railway Company to make
new Railways and Works ; to lay additional Rails on their existing Railways
and on certain parts of the Belfast and County Down and Belfast, Holywood,
and Bangor Railways ; and for other purposes.
clxXXV. An Act to authorise the construction of Tramways in and near to the
towns of Coventry and Bedworth, and from Coventry to Bedworth, in the
county of Warwick; and for other purposes,
c lxxxv i. An Act for incorporating the Freshwater, Yarmouth, and Newport
Railway Company; and for other purposes.
clxxXViL An Act for extending the time for completing the Neath Harbour
Works; for authorising the Harbour Commissioners to borrow further Money ;
and for other purposes.

clxxxviii. An Act for enabling the Caledonian Railway Company to make
Railways and other Works, acquire Lands, and abandon portions of Works in
the counties of Lanark, Renfrew, and Edinburgh; to maintain, work, and
contribute to the Alloa Railway; to establish an Accident and Life Insurance
Fund for their servants, and to raise additional Money; for extending the
authorised periods for completion of certain Railways in Lanarkshire, and
acquisition of Lands in connexion therewith, and sale of superfluous Lands;
and for other purposes.

clxxxix. An Act to alter the Filey Pier and Harbour Order, 1878, and to
dissolve the Company empowered thereby, and re-incorporate them with fresh
powers.

0X0. An Act for incorporating a Company and authorising them to make and
maintain a Railway from Hounslow to Ealing, in the county of Middlesex;
and for other purposes.

Digitized by LjOOQle

288 Table of the Statutes • 43 & 44 Vict.

oxci. An Act to authorise the North Staffordshire Railway Company to make
a railway to connect their Chumet Valley Line with the Stoke Branch there¬
from ; to purchase additional Lands, and make certain Sidings also; for
extending the time for the sale of certain superfluous Lands, and to alter
certain of the provisions of the existing Acts with respect to Rates and
Charges ; and for other purposes.

CXCii. An Act for empowering the Ramsgate and Margate Tramways Company
to construct additional Tramways; to raise further Capital; to use Steam
or other Mechanical Power; and for other purposes.

CXCiii. An Act for rendering valid certain Letters Patent granted to John
Muirhead the younger, and Alexander Muirhead, of Regency Street, in the
City of Westminster, for the Invention of Improvements in Electric Tele¬
graphs.

CXCiv. An Act to authorise the construction of the Edinburgh Suburban and
Southside Junction Railway; and for other purposes.

CXCV. An Act to incorporate a Company for the. construction of the Yarmouth
Union Railway; and for other purposes.

CXCVi. An Act for empowering the Brentford and Isleworth Tramways Company
to construct new Tramways, in the county of Middlesex ; and for other pur¬
poses.

cxovii. An Act to authorise the construction of a Railway and Tramways in
the county of Antrim, to be called “ The Giants Causeway, Portrush, and
Bush Valley Railway and Tramways f and for other purposes.

CXCViii. An Act for incorporating the Glenariff Railway and Pier Company;
and for other purposes.

CXCix. An Act to authorise the construction and maintenance of the Hull,
Barnsley, and West Riding Junction Railways, and of a Dock and other Works
in connexion therewith; and for other purposes.

CC. An Act for conferring further powers on the Teign Valley Railway Com¬
pany in relation to their undertaking ; and for other purposes.

CCi. An Act for incorporating the Skipton and Kettle well Railway Company,
and authorising them to make and maintain the Skipton and Kettlewell Rail¬
way ; and for other purposes.

CCii. An Act for conferring on the South-eastern Railway Company further
powers with reference to their own undertakings, and those of other Com¬
panies ; and for other purposes.

cciii. An Act to incorporate a Company for the Construction of the Southsea
Railway; and for other purposes.

P. CCiv. An Act to confirm a Provisional Order under the Drainage and Im¬
provement of Lands (Ireland) Act, 1863, and the Acts amending the same.

P. CCV. An Act to confirm a Provisional Order made by the Education Depart¬
ment under the Elementary Education Act, 1870, to enable the School Board
for London to put in force the Lands Clauses Consolidation Act, 1845, and
the Acts amending the same.

P. CCVi. An Act to enable the Commissioners of Public Works in Ireland to lend
the sum of One thousand pounds to the Mulkear Drainage District Board.

ccvii. An Act for making further Provision respecting the borrowing of Money
by the Corporation of Liverpool; and for other purposes.

CCViii. An Act to make further Provision respecting the borrowing of Money
by the Corporation of Nottingham; and for other purposes.

CCiX. An Act to authorise the construction of Railways in and near to the
District of Catbcart, on the south side of Glasgow ; and for other purposes.

Digitized by LjOOQle

1880.

Local Acts ,

289

CCX. An Act to revive and extend the powers of the Midland Counties and
Shannon Junction Railway Company for the purchase of lands and execution
of works ; to facilitate the completion and beneficial working of their under¬
taking,; to change the mane of the Company? andfor other purposes,

CCXi. An Act to authorise the construction of a railway in the county of
Clare, to be called the Ennis and West Clare Railway; and for other pur¬
poses.

PRIVATE ACTS,

PRINTED BY THE QUEEN’S PRINTER,

AND WHEREOF THE PRINTED COPIES MAY BE GIVEN IN EVIDENCE.

/.AN Act to extend the Power of Sale contained in the Resettlement of the
Blenheim Settled Estates to the Sunderland Library; and for other pur-
poses.

2. An Act for giving further effect to a Compromise of certain opposing Claims
affecting the Estates of William Sydney, Earl of Leitrim, deceased, in the
counties of Leitrim, Donegal, Galway, and Kildare in Ireland ; and for giving
effect to a further arrangement respecting the said Estates.

3 . An Act to enable the Trustees of the Settled Estates of the Right Honour¬
able St. George Henry Earl of Lonsdale to purchase certain Mines of Coal
and other Minerals belonging to the Crown, and lying under the Sea adjoin¬
ing the Coast of the county of Cumberland; and to raise Money for effect¬
ing such Purchase by mortgage of the Settled Estates, or parts thereof; and
for other purposes.

4. An Act for making further provisions concerning the Settled Estates of the
Marquess of Abergavenny.

5. An Act to confer upon the Trustees of the Family Estates, settled by the
Will of the Most Noble Francis Godolphin D’Arcy, seventh Duke of Leeds,
powers of sale and exchange and powers to raise Moneys for the purposes of
the Settled Estates; and for other purposes.

PRIVATE ACTS,

NOT PRINTED.

A N Act to naturalize Hermann Katz, and to grant to and confer upon him
all the rights, privileges, and capacities of a natural-bom Subject of Her
Majesty the Queen.

An Act to relieve the Right Honourable George Frederick William Baron
Byron from certain disabilities and penalties in consequence of his having
sat and voted in the House of Peers without being duly qualified by mbkltig
and subscribing the Oath prescribed by Law.

An Act to naturalize Edward Max Posen, and to grant to and confer upon
him all the rights, privileges, and capacities of a natural-bom subject of Her
Majesty the Queen.

An Act to relieve the Right Honourable William Conyngham Baron Plimket from
certain disabilities and penalties in consequence of his having sat and voted
in the House of Peers without being duly qualified by making and sub¬
scribing the Oath prescribed by Law.

290

A LIST OF THE LOCAL AND PRIVATE ACTS,

(43 & 44 Vict., 1880,)

ARRANGED IN CLASSES.

Class 1.—Bridges and Ferries.

„ 2.—Canals, Rivers, Navigations, Tun¬

nels, and Subways.

„ 8.—Charitable Foundations and In¬

stitutions.

„ 4.—Drainages and Drainage Embank¬

ments.

„ 5.—Ecclesiastical Affairs, including

Tithes.

„ 6.—Estates.

„ 7.—Fisheries.

„ 8.—Gaslight Companies and Water

Companies.

„ 9.—Harbours, Docks, Ports, Piers,

Quays, &c.

Class 10.—Improvements in Towns, Municipal
and County and Local Govern¬
ment Matters, &c.

„ 11.—In closures of Commons.

„ 12.—Parish Affairs.

„ 13.—Personal Affairs.

„ 14.—Railways.

„ 15.—Trading and other Companies.

„ 16.—Tramways.

„ 17.—Turnpike and other Roads.

„ 18_Provisional Orders Confirma¬

tion.

Class 1.—Bridges and Perries.

Shrewsbury (Kingsland) Bridge (Revival of Powers). Ch. Hi.

Stapenhill Bridge "(New Bridge). Ch. liii.

Stapenhill (Powers to Corporation). Ch. cxxxix.

Class 2.—Canals, Bivers, Navigations, Tunnels, and Subways.

Clyde Navigation (Clyde Lighthouses, Ac.) Ch. cxxxvii.

Mersey River (Making Tunnels, &c. under). Ch. clii.

Romford Canal (Revival of Powers). Ch. evii.

Class 3.—Charitable Foundations and Institutions.

Glasgow Widows’ Fund of the Faculty of Procurators (Winding-up, Ac.) Ch. xxxii.
Trinity Hospital, Greenwich (Building Leases). Ch. xxxi.

Class 4.—Drainages and Drainage Embankments.

Beverley and Barmston Drainage (Amending Acts, Ac.) Ch. cxxviii.

Black Sluice Drainage (Taxation for Improvements). Ch. cli.

Clacton-on-Sea Drainage District (Construction of Sea Wall, Ac.) Ch. xlii.

Dagenham, Ac. Sewage Utilization (Incorporating Company). Ch. cxlix.

Kent and Sussex Rother Levels (Improvement of the Upper and Wittersliam Levels).
Ch. xcviii.

Mulkear Drainage District (Loan by Public Works Commissioners). Ch. ccvi.
Pegwell Bay Reclamation and Sandwich Haven Improvement (Amending Act).
Ch. lxxviiL

Witham River Outfall (New Works, Ac.) Ch. cliii.

[For Acts confirming Provisional Orders under the Drainage , Ac. (Ireland) Act. and
the Land Drainage Act f see Class 18 (2) (8).]

Digitized by UjOOQle

1880.]

Classified List of the Local and Private Acts.

291

Class 5.—Ecclesiastical Affairs, including Tithes.

Birmingham (Sale of Burial Ground). Ch. v.

Class 6.—Estates.

Abergavenny’s (Marquess of) Estate. Ch. 4. {Private.)

Blenheim Settled Estates. Ch. 1 . {Private.)

Leeds (Duke of) Estate. Ch. 5. {Private.)

Leitrim Estates. Ch. 2. {Private.)

Lonsdale Settled Estates. Ch. 3. {Private.)

Class 7.—Fisheries.

Nil.

Class 8.—Gaslight Companies and Water Companies.

Ackworth, Featherstone, Purston, and Sharlston Gas (Incorporating Company).
Ch. cxiii.

British Gaslight Company (Works at Staffordshire Potteries Station). Ch. cxx.
Cardiff Water (Further Powers). Ch. viii.

Chester United Gas (Additional Capital). Ch. ix.

Dartford Gas (Additional Capital, Ac.) Ch. cxxii.

Dearne Valley Water (Incorporating Company). Ch. cxvi.

Eastbourne Gas (Further Powers). Ch. xlvi.

Exmouth and District Water (Further Powers). Ch. lxvi.

Gaslight and Coke, Commercial Gas, and South Metropolitan Gas Companies (Regu¬
lating Supply, and amending Acts). Ch. clxxxi.

Great Yarmouth Water (Extension of Limits). Ch. ciii.

Hinckley Gas (Transfer to Local Government Board), Ch. clvii.

Lancaster Gas (Transfer of Undertaking to Corporation). Ch. lxxvii.

Lincoln Gas (Additional Capital). Ch. lxxvi.

Liverpool United Gas (Additional Works). Ch. cxliv.

London Gaslight Company (Further Powers). Ch. xcvi.

Maidstone Gas (Additional Works). Ch. cxiv.

Malton Gas (Incorporating Company). Ch. lxvii.

Portmadoc Water (Incorporating Company). Ch. c.

Prescot Gas (Enlarging Powers). Ch. xx.

Reading Gas (Additional Capital). Ch. cxv.

Wandsworth and Putney Gas (New Capital, Act) Ch. lxxii.

Wrexham Water (New Works, Ac.) Ch. lxx.

Yeadon and Guiseley Gas (Further Powers). Ch. cii.

[For Acts confirming Provisional Orders under the Gas and Water Works Facilities
Acts , see Class 18 (4).]

Class 9.—Harbours, Docks, Ports, Piers, Quays, &c.

Bristol Channel Pilotage (Cardiff Pilotage Board). Ch. cxxiv.

Bristol Port and Channel Dock (New Entrance to Dock). Ch. xlix.

Carrickfergus Harbour (Improvement). Ch. vi.

Clyde Lighthouses (Amending Acts, Ac.) Ch. cxxxvii.

Filey Harbour (Re-incorporating Company, Ac.) Ch. clxxxix.

Greenock Harbour and Docks (Altering and Extending Powers). Ch. clxx.

King’s Lynn Docks (Enabling Corporation to subscribe further Moneys). Ch. cxiii.
Kinsale Harbour (Loan for Improvement of Harbour). Ch. clxxiv.

Mersey Docks (Amending Liverpool and Birkenhead Docks Acts). Ch. xiv.

Milford Docks (Extension of Time). Ch. xlv.

Digitized by LjOOQle

292 Classified List of the [43 & 44 Vier.

Class 9.—Harbours, Docks, Ports, Piers, Quays; &c.<— continued.

Neath Harbour (Extension of Time, Ac.) Ch. clxxxvii.

Newry Port and Harbour (Incorporation of Trustees, Ac.) Ch. xliv.

Pegwell Bay Reclamation and Sandwich Haven Improvement (Amending Act).
Ch. lxxviii.

Portishead Docks (Extension of Time). Ch. xxii.

Sutton Bridge Dock (New Works). Ch. xxvii.

Swansea Harbour (Extension of Time). Ch. It.

[For Act confirming Provisional Orders under General Pier and Harbour Act, set
Class 18 (5).]

Class 10.—Improvements in Towns, Municipal and County and Local Govern¬
ment Matters, &c.

Aberdare Markets and Town Hall (Incorporating Company). Ch. li.

Birmingham (Sale of Burial Ground). Ch. v.

Bristol (Alteration of Wards). Ch. ii.

Burton-upon-Trent (Bridges at Stapenhill, Sewage Works, Ac.) Ch. cxxxix.

Cardiff (Amending Act). Ch. viii.

Chepping Wycombe (Borough Extension). Ch. xxvi.

Cork (Further Powers to Corporation, Ac.) Ch. xcv.

Denton and Haughton (Supply of Gas). Ch. xvii.

Doncaster (Construction of Additional Works by Corporation). Ch. xxix.

Edinburgh, Ac. (fenabling Water Trustees to borrow Money). Ch. i.

Epping Forest (Continuing Act). Ch. cxxx.

Glasgow (Amending Improvement Acts). Ch. xi.

Hendon Local Board (Varying Provisions of Metropolis (Kilburn and Harrow) Roads
Act, 1872). Ch. xxx.

Hinckley (Transfer of Gas Undertaking to Local Government Board). Ch. clvii. ,
Huddersfield (Enabling Corporation to construct Tramways, Ac.) Cb.xcix.,

Hull (Electric Lighting by Corporation). Ch. cxxv. A .

Kensington (Authorising Improvements, Ac.) Ch. lxxx.

King’s . ynn (Extending Boundaries, Ac.) Ch. cxlii.

Lancashire County Justices (Various Powers). Ch. xxi.

Lancaster (Transfer of Gas Company’s Undertaking). Ch. lxxvii.

Liverpool (Borrowing of Money by the Corpbration). Ch. ccvii.

Liverpool (Transfer of Tramways to Corporation). Ch. cxxvi.

Liverpool (Improved Water Supply). Ch. cxliii.

Liverpool (Corporation Officers). Ch. xxviii.

Liverpool and Birkenhead (Making Tun n e l s , Ac ; under the Mersey). Ch. clii.
Nottingham (Borrowing of Money by the Corporation). Ch. ecviii.

Oldham (Extension of Borough, Ac.) Ch. cxlvii. ,

Preston (Extension of Borough, Ac.) Ch. cxviii.

Rathmines and Rathgar (Extension, of Townland o£LMilltown). ^Ch. cviii.

Rathminea and Ratigar (Water Supply). Ch. cxxkviii. "

Rochester (Acquisition by Corporation of Strood Waterworks). Ch. C*ix< '

Sligo (Revival of PowerB under Act of 1869). Ch. cix. 1 l -

South-western of London District Post Office (Acquisition of Site)* <Jh. xchr. •?<
Stafford (Further Powers to Corporation). Ch. lxriii.

Wakefield Corporation Water (Construction of Works). Ch. lvii. « ’ .

Wigan (New Streets and Improvements). Ch. cxxvii. *

[JFor Acts confirming Provisional Orders under Acts relating to subjects embraced in
this Class , see Class 18 (1), (6), (9), (10), (12).]

Digitized by LjOOQle

issa]

Local and Private Acts.

298

Claes 11.—Inclosares *of Gommons.

Epping Forest (Continuing Act). Ch. cxxx.

[For Acts confirming Provisional Orders in pursuance of Reports of Inclosure Com¬
missioners, see Class 18 (7).]

Class 12.—Parish Affairs.

Saint Luke, Middlesex (Leasing of Surplus Lands). Ch. vii.

[For Acts confirming Provisional Orders under Elementary Education Act and Poor
Law Amendment Act , see Class 18 (3), (9c*).]

Class 13.—Personal Affairs.

1. Indemnity.

Byron (Lord). {Not printed.)

Plunket (Lord). {Not printed.)

2. Naturalization.

Katz, Hermann. {Not printed.)

Posen, Edward Max. {Not printed.)

Bammingen, Luitbert Alexander George Lionel Alphons Freiherr Von PaweL {Not
printed).*

* This Act was passed in the Session 43 Viet.

3. Patents.

Hunt, Bristow (Patent for Machinery for Setting Types). Ch. cxi.

Muirkead, John and Alexander (Patent for Improvements in Electric Telegraphs).
Ch. cxciii.

Williamson, William Shepherd (Patent for Improvements in Blast Furnaces).
Ch. exxi.

Class 14.—Bailways.

Anstruther and Saint Andrew’s (Construction of Line). Ch. clxxx.

Ballymena, Cushendall, and Redbay (Application of Capital). Ch. cv.

Banbury aud .Cheltenham Direct (Further Powers). Ch. cxlviii.

Belfast Central (New Lines, <&c.) Ch. clxxxiv.

Bristol and Portishead (Portishead Docks). Ch. xxii.

Bury and Tottington District (Additional Capital). Ch. iv.

Caledonian (Additional Powers)., Ch. clxxxviii.

Caledonian (Guaranteed Annuities Stock). Ch. cxxiii.

Cathcart District (Construction of Lines). Ch. ccix.

Clara and Banagher (Midland. Counties and Shannon Junction). Ch. ccx.

Corris (Further Powers, &c.) Ch. liv. #

Devon and Cornwall (Return of Deposits). Ch. civ.

Didcot, Newbury, and Southampton Junction (Further Powers). Ch. xlvii. r.
East Norfolk (Crossings, &c.) Ch. cxxxvi.

Edinburgh Suburban and Southside Junction. Ch. cxciv.

Ely and Bury Saint Edmunds (Abandonment). Ch. xix.

Ennis and West Clare (Construction of Line). Ch. ccxi.

Freshwater, Yarmouth, and Newport (Incorporation of Company). Ch. clxxxvi.
Giant’s Causeway, Portrush, and Bush Valley Railway and Tramways (Construction of
Lines). Ch. cxcvii.

Glenariff Railway and Pier (Incorporation of Company). Ch. cxcviii.

Great Northern (Further Powers, &c.) Ch. cxl.

Great Western and Monmouthshire Railway and Canal Companies (Amalgamation).
Ch. cx.

Digitized by LjOOQle

294

Classified List of the

[43 & 44 Vicr.

Glass 14.—Railways— continued .

Great Western (Further Powers, &c.) Ch. cxli.

Greencastle and Kilkeel (Abandonment). Ch. xli.

Halesowen (Further Powers). Ch. clxxxii.

Helston (Construction of Line). Ch. xlviii.

Highland and Dingwall and Skye (Amalgamation). Ch. cxxix.

Hounslow and Ealing (Construction of Line). Ch. cxc.

Hull, Barnsley, and West Riding Junction Railway and Dock (Construction of Works).
Ch. cxcix.

Hundred of Hoo (Extension). Ch. cxvii.

Killorglin (Revival of Powers). Ch. clviii. .

Letterkenny (Alterations of Gauge, &c.) Ch. xxiii.

Llanelly and Mynydd Mawr (Extension of Time). Ch. xiii.

Llantrissant and Taff Yale Junction (Extension of Time).. Ch. xxiv.

London and North-western (Further Powers, &c.) Ch. cxlv.

London and North-western (Sutton Coldfield and Lichfield). Ch. x.

London and South-western (Further Powers). * Ch. clxxxiii.

London, Brighton, and South Coast (Further Powers). Ch. lxxi.

London, Tilbury, and Southend (Further Powers). Ch. Ixix.

Loose Valley (Extension of Tiipe). Ch. xliii.

Lynn and Fakenham (Extension to Norwich and Blakeney). Ch. clxv.

Maidstone and Ashford (Construction of Line). Ch. clix.

Manchester and Milford (Devil’s Bridge Branch Abandonment). Ch. lxv.

Mersey (Extension of Time). Ch. lxxiv.

Metropolitan (Yarious Powers). Ch. clxvi.

Metropolitan (Extension to Rickmansworth). Ch. cxxxiv.

Metropolitan District (Further Powers). Ch. cvi.

Midland Counties and Shannon Junction (Revival of Powers, Ac.) Ch. ccx.

Midland (Further Powers, &c.) Ch. cxlvi.

North British, and Glasgow, Yoker, and Clydebank Companies (Agreement).
Ch. cxxxv.

North British (Amalgamations with other Companies, &c.) Ch. clxvii.

North Staffordshire (New Lines). Ch. cxci.

Pontypridd, Caerphilly, and Newport (Deviations). Ch. clx.

Rickmansworth and Watford Extension. Ch. cxxxiv.

Scarborough and Whitby (Revival of Powers, &c.) Ch. clxiii.

Skipton and Kettlewell (Construction of Line). Ch. cci.

Sligo, Leitrim, and Northern Counties (Extension of Powers). Ch. xxv.

South-eastern (Further Powers). Ch. ccii.

Southern (Cashel Extension Abandonment). Ch. lvi.

Southsea (Construction of Line). Ch. cciii.

Strathendrick and Aberfoyle (Construction of Line). Ch. clvi.

Swindon, Marlborough, and Andover (Further Powers). Ch. xviii.

Teign Valley (Further Powers). Ch. cc.

Tralee and Fenit (Construction of Line). Ch. clxxix.

Totnes, Paignton, and Torquay Direct (Construction of Line). Ch. clxi.

Wednesfield and Wyrley Bank (Abandonment). Ch. xv.

West Wickham and Hayes (Construction of Line). Ch. 1.

Woodside and South Croydon (Construction of Line). Ch. cL
Worcester and Aberystwith Junction (Abandonment). Ch. xii.

Yarmouth Union (Incorporation of Company). Ch. cxcv.

Class 15.—Trading and other Companies.

Aberdare Markets and Town Hall Company (Incorporating Company). Ch. li.

British Gaslight Company, Limited (Works at Staffordshire Potteries Station)#
Ch. cxx.

Bristol General Cemetery Company (Additional Capital, &c.) Ch. lxxix.

Digitized by LaOOQle

1880.]

Local and Private Ads.

295

Class 15.—Trading and other Companies— continued .

Caledonian Insurance Company (Varying and Extending Powers). Ch. lxviii.
Dagenham and District Farmers’ Optional Sewage Utilization Company (Incorporating
Company). Ch. cxlix.

Manchester Carriage and Tramways Company (Dissolving, and re-incorporating with
New Powers). Ch. cxii.

Class 16.—Tramways.

Alford and Sutton (Incorporating Company). Ch. clxviii.

Belfast Street (Extension of Time). Ch. ixxv.

Brentford and Isleworth (New Tramways). Ch. cxcvi.

Coventry and District (Construction of Tramways). Ch. clxxxv.

Gateshead and District (Construction of Tramways). Ch. clxiv.

Liverpool (Transfer of Tramways to Corporation). Ch. cxxvL
London (Further Powers). Ch. civ.

Manchester (Incorporating the Manchester Carriage and Tramways Company).
Ch. cxii.

Northampton Street (Incorporating Company). Ch. ci.

North Dublin (New Tramways). Ch. clxix.

North Metropolitan (New Works, &c.) Ch. xcvii.

Preston (Further Powers). Ch. clxii.

Ram8gate and Margate (Additional Tramways, &c.) Ch. cxcii.

South London (Additional Tramways). Ch. xvi.

[For Acts confirming Provisional Orders under Tramways Acts , see Class 18 (13).

Glass 17.—Turnpike and other Roads.

Metropolis (Kilburn and Harrow) Roads. (Amending 35 & 36 Viet. c. xlix.
Ch. xxx.

[Note. —By the ‘‘Annual Turnpike Acts Continuance Act, 1880,” certain Local
Acts are repealed and certain other Local Acts are continued for specified terms .
See Schedules to 43 & 44 Viet. c. 12. {Public).']

Class 18.—Provisional Orders Confirmation.

(1.) Under Artizans and Labourers Dwellings Acts :

Order of Secretary of State for modification of the Metropolis (High Street, Islington)
Improvement Scheme. Ch. cxxxi.

Order of Local Government Board for Ireland relating to the city of Dublin.
Ch. clxxi.

Order of Secretary of State for Improvement of Unhealthy Areas in the Parliamentary
Burgh of Leith. Ch. clxxv.

(2.) Under Drainage and Improvement of Land {Ireland) Acts :

Order under the Drainage and Improvement of Lands (Ireland) Act, 1863, relating to
the Garristown and Delvin River Drainage District (Dublin and Meath). Ch. iii.
Order relating to the Currygrane Drainage District (Longford). Ch. xxxv.

Orders relating to the Upper Silver Drainage District (Westmeath and King’s County).
Ch. clxxvii.

Order relating to the Lough and River Erne Drainage and Navigation District
(Fermanagh, Cavan, Monaghan, and Donegal). Ch. cciv.

(3.) Under Elementary Education Act:

Orders of the Education Department relating to the School Boards for Cardiff, Liver¬
pool, Southampton, and Walton-on-Thames. Ch. cliv.

Order of the Education Department relating to the School Board for London. Ch. ccv. *

Digitized by CaOOQle

Clamfiedt List of the

[43 & 44 VlCL

Class X8.^BrovifiiaBal Orders Coafirmatioi*— continued.

(4.) Under Gas and Water Works Facilities Act , S?c t :

Orders of the Board of Trade under* the Gras and Water Works Facilities Act, 1870,
relating to Chew Magna Gas, Garstang Gas, Halstead Gas, Harrowgate Gas, Holywell
Gas, Long Eaton Gas, Trowbridge Gas, Broadstairs Water, East Blatchington and
Seaford Water,^ Gisborough Water, Harrogate Water, Luton Water, Nevrhaven
and Denton Water, Norwood (Middlesex) Water, and Pwllheli Water. Ch. lxL

Order of Local Government Board relating to the Borough of Conway. Ch. xxxiii.

(5.) Under General Pier and Harbour Act:

Orders of the Board of Trade relating to Aldrington, Anstruther, Bouldnor, Broadstairs.
Carrickfergus, Castle Bay (Barra), Llandudno, and Tralee and Fenit; and to amend
the Cattewater Harbour Order, 1876. Ch. lxxxv.

(6.) Under General Police and Improvement ( Scotland ) Act:

Order relating to the Burgh of Broughty Ferry. Ch. xxxix.

Order relating to Forfar Gas. Ch. clxxvi.

(7.) Under Inclosure Acts:

Order relating to Abbotside Common (York) in pursuance of Report of the Inclosure
Commissioners. Ch. lxiv.

Order relating to Clent Hill Common (Worcester). Ch. lxxxi.

Order relating to Hendy Bank Common (Radnor). Ch. lxxxvii.

Order relating to Steventon Common, &c. (Berks). Ch. lxxxviii.

Order relating to Llandegley Rhos Common (Radnor). Ch. lxxxix.

Orders relating to the Lizard Common (Cornwall). Ch. xc.

Order relating to Llanfair Hills (Salop). Ch. cxxxiii.

( 8.) Under Land Drainage Act:

Order of the Inclosure Commissioners under the Land Drainage Act, 1861, relating to
Frodsham and Helsley Improvements (Chester). Ch. lxxxii.

{9.) Under Local Government and other Acts:

(a) Gas and Water Works Facilities Act , $c.:

Order of Local Government Board relating to the Borough of Conway. Ch. xxxiii.

(b) Highways and Locomotives Act:

■ Order of the Local Government Board under the Highways and Locomotives Act,
1878, relating to the county of Salop. Ch. xxxiv.

Order of the Local Government Board under the Poor Law Amendment Act, 1867, re¬
lating to the City of Canterbury, and Order under the Divided Parishes and Poor
Law Amendment Act, 1876, relating to the Parishes of Bepton, Chithurst, Farn-
hurst, Iping, Kirdford, Iinch, Linchmere, Lodsworth, Lurgashall, Selham, Stddhaxn,
Ter wick, Trotton, and Woolbeding, and to the Ty thing of North Ambersham. Ch.lx.

Order relating to the Parishes of Bowers Gifford, Hadleigb, Laindon, Leigh, North
Benfleet, Pitsea, Prittlewell, South Benfleet, Southchurch, and Vange. Ch. xciii.

(d) Public Health Act , 1875 :

Order of the Local Government Board under the Public Health Act, 1875, relating to
the Borough of Conway. Ch. xxxiii.

Orders relating to the Boroughs of Abingdon and Beverley, the Local Government
District of Briton Ferry, the Borough of Burnley, the Local Government District of
Buxton, the Borough of Cardigan, the Town of Hove, the City of Manchester, the
Improvement Act District of Middleton and Tonge, the Boroughs of Newbury and
Southport, the Improvement Act District of West Hartlepool, and the Local
Government District of Wirk&worth. Ch. xxxvi.

Digitized by LjOOQle

1880 .]

Local mid Private Acts . 297

.CbBB l8^Provinonal foster*(ft^nna&oi*— eontifmed.

(9.) Under Local Government and other Acts —continued. • * * r

(rf.) Public Health Act, 1875—continued. * ' -

Orders relating to the Improvement Act District of Abergavenny, the Local Govern¬
ment Districts of Baldock, Bredbury, Bromsgrove, Cuckffeld, and Ebbw YalO, the
Hanley, Stoke, and Fenton Joint Hospital District, the Local Government District of
Heckmondwike, the Borough of Pembroke, and the Local Government Districts of
Swindon New Town and Withington. Ch. Ivin.

Orders relating to the Rural Sanitary Districts of the Amersham, Ashby-de-la-Zouch,
and Baeford Unions, the Borough of Chard, the Local Government District of
Croydon, the Borough of Cheltenham, the Rural Sanitary District of the Hendon
JJnion, the Local Government Districts of Hornsey and Leyton, the City of Lincoln,
the Borough of Plymouth, the Local Government District of Redditch, the Rural
Sanitary District of the Shardlow Union, and the Local Board of Health District of
Woolwich. Ch. lix* • '

Orders relating to the Local Government District of Ashford, the Improvement Act
District of Bournemouth, the Urban Sanitary District of Folkestone, the Local

’ Government Districts of Ilfracombe and Mirfield, the Rural Sanitary District of the
Reigate Union, and the Port of Wisbech. Ch. lxii.

Orders relating to the Rural Sanitary District of the Alnwiek Union, the Borough of
Barnsley, the Local Government District of Brentford, the Rural Sanitary District of
the Durham Union, the Local Government Districts of Ealing, East Dereham, and
Mountain Ash, the Boroughs of Newcastle-under-Lyme and Penzance, the Rural
Sanitary Districts of the Rothbury and Settle Unions, and the Local Government
District of Torquay. Ch. lxxxiii.

Orders relating to the Borough of Kingston-upon-Hull, and the Improvement Act Dis¬
trict of Ramsgate. Ch. lxxxiv.

Orders relating to the Borough of Aberavon, the Local Government District of Ashton-
in-Makerfield, the City of Canterbury, the Local Government District of Cleator
Moor, the Borough of Congleton, the Local Government District of Horncastle, the
City of Lincoln, the Local Government District of Littlehampton, the Improvement
Act District of Llandudno, the Local Government Districts of Ossett-cum* Gawthorpe
and Oswaldtwistle, the City of Saint Alban, and the Borough of Sunderland.
Ch. lxxxvi.

Orders relating to the Local Government District of Eastbourne, the Improvement Act
District of Herne Bay, the Local Government Districts of Northwich and Pudsey,

• the Improvement Act District of Ramsgate, and the. Local Government District of
West Ham. Ch. cxxxii.

Orders relating to the Improvement Act District of Bethesda, the Borough of Birming¬
ham, the Local Government District of Haworth, the Lower Thames Valley Main
Sewerage District, the Borough of Rochdale, the Rochester and Chatham Joint
Hospital District, the Boroughs of Rotherham, Stockton, and Middlesbrough, and
the City of York. Ch. clxxviii.

(10.) Under Local Government ( Ireland) and Public Health {Ireland) Acts :

Orders of the Local Government Board for Ireland relating to the Town of Ballinasloe,
and to the Ballymacormick Burial Ground, and to the Towns of Clonmel and Tralee,
and to Waterworks in the Town of Wicklow. Ch. xxxviii.

Orders relating to the Towns of Banbridge, Monaghan, Thurles, and Trim, and to
Waterworks in the Town of Kinsale, and to the Skule Bog United District. Ch. xl.

Orders relating to a new Street in Dublin, and to Waterworks in the Town of Fermoy.
Ch. lxiii.

Orders relating to the City of Dublin, and to Waterworks in the City of Armagh.
Ch. clxxi.

(11.) Under Metropolitan Commons Acts i

Scheme under the Metropolitan Commons Acts, 1866 and 1869, relating to Staines
Commons. Ch. xxxvii.

Digitized by LjOOQle

298

Classified List of the Local and Private Acts. [43 & 44 Vicr.

w Glass 18.—Provisional Orders Confirmation— continued .

(12.) Under the Public Health ( Scotland) Act:

Order under the Public Health (Scotland) Act, 1867, relating to the Borough of
Lanark. Ch. xci.

Order relating to the Parish of Blantyre. Ch. xcii.

(13.) Under Tramways Act:

Orders of Board of Trade under the Tramways Act, 1870, relating to Bath Tram¬
ways, Birkdale and Southport Tramways, Bristol Tramways (Extensions), Cambridge
Street Tramways (Extension), Cardiff District and Penarth Harbour Tramways,
Croydon Street Tramways (Extensions), Darlington Tramways, Dudley, Sedgley,
and Wolverhampton Tramways, Ipswich Tramways (Extensions), Llanelly Tram¬
ways, Merthyr Tramways, Peterborough Tramways, Staffordshire Tramways
(Additional Powers), Stockton-on-Tees and District Tramways, Sunderland
Tramways (Use of Mechanical Power), Withington Local Board Tramways, and
Wolverhampton Tramways (Use of Mechanical Power). Ch. clxxii.

Orders relating to Birmingham and Aston Tramways, Blackpool St. Anne’s-on-the-
Sea and Lytham Tramways, Bradford Corporation Tramways, Carlisle and District
Tramways, Folkestone, Sandgate, and Hythe Tramways, North Staffordshire
Tramways, Rothesay Tramways, Walsall and District Tramways, Walton-on-the-
Hill Tramways, and Woolwich and Plumstead Tramways. Ch. clxxiii.

Digitized by LjOOQle

299

TABLES

8H0WING

THE EFFECT OF THE SESSIONS LEGISLATION.

Table A.—Acts of 43 & 44 Yict. (in order of Chapter), showing their effect on former
Acts.

Table B.—Acts of former Sessions (in chronological order) Repealed and Amended by
Acts of 43 & 44 Yict.

(A.)

Acts of 43 & 44 Viet, (in order of Chapter), showing their effect on

former Acts.

Ch.

1 .

Public Works Loans [U.K.]

Appoints Commissioners for five years under 38 and 39 Viet. c. 89., Public Works Loans
Act, 1875.

Remits interest on loans to Anstruther Harbour Commissioners, incorporated by 23 & 24
Viet. c. 39.

Remits instalments of principal and interest in respect of River Corrib mill power, charge¬
able under 5 & 6 Viet. c. 89., Drainage, &c. of Lands (Ireland) Act, 1842.

Grants 5,000,000/. for Loans under 38 & 39 Viet. c. 89. and 42 & 43 Viet. c. 77; Public
Works Loans Acts, 1875 and 1879.

Grants 1,100,000/. for Loans by Commissioners of Public Works in Ireland under 40 & 41
Viet. c. 27. and 42 & 43 Viet. c. 77.

2. Glebe Loan (Ireland) Acts Amendment [I.]

Amends 33 & 34 Viet. c. 112., 34 & 35 Viet. c. 100., 38 & 39 Viet. c. 30., and 41 & 42
Viet. c. 6.

3. Consolidated Fund (4,925,320/.) [U.K.]

4. Judicial Factors (Scotland) [S.]

Amends and applies 12 & 13 Viet, c.51., for protection of property of incapacitated persons
in Scotland.

Applies 17 & 18 Viet. c. 91., Valuation of Lands, &c. (Scotland) Act, 1854.

5. County Bridges Loans Extension [E.]

Extends powers of borrowing under 4 & 5 Viet. c. 49., County Bridges Act, 1841.
Construes Act with 41 & 42 Viet. c. 77., Highways and Locomotives (Amendment) Act,
1878.

6. House Occupiers in Counties Disqualification Removal (Scotland) [S.]

Amends 31 & 32 Viet. c. 48., Representation of the People (Scotland) Act, 1868.

7. Union Assessment [E.]

Amends 25 & 26 Viet. c. 103. and 27 & 28 Viet. c. 39., Union assessment Committee Acts,
1862 and 1864.

Applies 4 & 5 Will. 4. c. 76., Poor Law Amendment Act, 1834.

Exempts the Metropolis (as defined by 32 & 33 Viet. c. 67., Valuation, Metropolis, Act,
1869) from operation of Act.

Digitized by LjOOQle

360

Effect of Legislation. 43 & 44 Viet

Table A.—Acta of 43 & 44 Viet, (in order of Chapter), &c.— continued.

Ch.

8. Isle of Man Loans [U.K.]

Repeals s. 4. of 26 & 27 Viet. c. 86., Isle of Man Harbours Act, 1863.

„ part of s. 6. of 29 & 30 Viet. c. 23., Isle of Man Customs, &c. Act, 1866.

„ part of 8. 20. of 35 and 36 Viet. c. 23., Isle of Man Harbours Act, 18/2.

„ s. 7* of 37 & 38 Viet. c. 8., Isle of Man Harbours Act, 1874.

Applies 38 & 39 Viet. c. 89., Public Works Loans Act, 1875.

,, 38 & 39 Viet. c. 83., Local Loans Act, 1875.

,, 40 & 41 Viet. c. 59., Colonial Stock Act, 1877.

9. Statutes (Definition of Time) [U.K.]

Removes Doubts as to meaning or Expressions relating to Time occurring in Acta of
Parliament, &c.

10. Great Seal {U.K.]

Amends 14 & 15 Viet. c. 82., Great Seal Act, 1851.

„ 38 & 39 Viet. c. 77., Supreme Court of Judicature Act, 1875.

„ 39 & 40 Viet. c. 59., Appellate Jurisdiction Act, 1876.

11. Universities of Oxford and Cambridge (Limited Tenures) [E.]

Amends 40 & 41 Viet. c. 48., Universities of Oxford and Cambridge Act, 1877.

12. Annual Turnpike Acts Continuance [E.]

Repeals and continues certain Local Acts as set forth in Schedule.

13. Births and Deaths Registration (Ireland) [I.]

Repeals (in part) 26 & 27 Viet. c. 11., Registration of Births and Deaths (Ireland) Act,
1863.

Applies 41 & 42 Viet. c. 52. and 42 & 43 Viet. c. 57., Public Health (Ireland) Acts, 1873
and 1879.

„ 14 & 15 Viet. c. 93., Petty Sessions (Ireland) Act, 1851.

14. Relief of Distress (Ireland) Act Amendment [I.]

Amends 43 Viet. c. 4., Relief of Distress (Ireland) Act, 1880.

„ 43 Viet. c. 1., Seeds Supply (Ireland) Act, 1880.

Amends and applies 9 & 10 Viet. c. 3., Fishery Piers Act, 1846.

Applies 16 8c 17 Viet. c. 136., Grand Jury Presentments (Ireland) Act, 1853.

„ 42 8c 43 Viet. c. 77., Public Works Loans Act, 1879.

Defines u Improvements ” under 33 & 34 Viet. c. 46., Landlord and Tenant (Ireland) Act,
1870.

15. Industrial Schools Acts Amendment [U.K.]

Amends 29 & 30 Viet. c. 118., Industrial Schools Act, 1866.

„ 31 8c 32 Viet. c. 25., Industrial Schools (Ireland) Act, 1868.

16. Merchant Seamen (Payment of Wages and Rating) [U.K.]

Repeals (in part) 17 & 18 Viet. c. 104., Merchant Shipping Act, 1854.

Construes Act with Merchant Shipping Acts, 1854 to 1876.

Applies (as to Savings Banks) 24 & 25 Viet. c. 14., 26 & 27 Viet c. 87., 17 8c 18 Viet,
c. 104. s. 180., and 19 & 20 Viet. c. 41.

„ 38 & 39 Viet. c. 90., Employers and Workmen Act, 1875.

17. Revenue Offices (Scotland) Holidays [S.]

Applies 34 & 35 Viet. c. 17-, Bank Holidays Act, 1871.

18. Merchant Shipping Act (1854) Amendment [U.K.]

Amends s. 37. of 17 & 18 Viet. c. 104., as to Joint Owners of Ships.

19. Taxes Management [U.K.]

Consolidates Enactments relating to Land Tax, Inhabited House Duties, End Property
and Income Tax.

Repeals Enactments described in the Third Schedule, with certain exceptions and qualifi¬
cations.

Substitutes a reference to this Act in former Acts as described in the Fourth Schedule.
Applies 5 & 6 Viet. c. 35. and 16 8c 17 Viet. c. 34., Income Tax Acts, 1842 and 1863.

„ 32 8c 33 Viet. c. 67., Valuation (Metropolis) Act, 1869.

„ 33 Geo. 3. c. 55., as to levies and distraints.

Digitized by LjOOQle

1880

Effect of Legislation.

Table A,—Acts of 43 & 44 Viet, (in order of Chapter),. &b.-~conti*ukl.

301

Ch.

20. Inland Revenue [U.K.]

Repeals Excise Duties on Malt and on Sugar used in brewing, &c. . . i .

Customs Duties on Malt, &c. to cease: Amends s. 42 of 39 & 40 Viot. o. 36., Customs
Consolidation Act, 1876.

Alters Duties on Brewers Licenses, &c., and Licenses for Sale of Liquors by Retail.

Grants additional duties of Income Tax.

Amends, as to composition for Stamp Duly

33 & 34 Viet. c. 24., Metropolitan Board of Works (Loans) Act, 1870.

37 & 38 Viet. c. 26., Canadian Stock Stamp Act, 1874.

40 & 41 Viet. c. 69., Colonial Stock Act, 1877.

Repeals Enactments described in Second Schedule.

21. Exchequer Bills and.Bomds (1,500,000/.) [U.KJ t .v

Applies 29 & 30 Viet. c. 26., Exchequer Bills and Bonds Act, 1866,

„ 40 & 41 Viet. c. 2., Treasury Bills Act> 1877.

8. 16. of 29 & 30 Viet. c. 26., as to Forgery of Bonds.

22. Merchant Shipping (Fees and Expenses) [U.K.]

Amends 17 & 18 Viet. c. 104., 1

„ 26 Sc 26 Viet*, c. 63., V Merchant Shipping Acts, 1854, 1862, and 1876.

„ 39 & 40 Viet. c. 80., J

„ 14 & 15 Viet. c. 102., Seamen’s Fund Winding-up Act, 1861. :

„ 40 & 41 Viet. c. 16., Removal of Wrecks Act, 187/.

23. Elementary Education [E.]

Am ® nds Virt. o. 79.’, } mementar y Education Acts, 1870 and 1876.

24. Spirits [U.K.]

Consolidates and amends the Law relating to the Manufacture and Sale of Spirits.

Applies Customs Acts to British Spirits in a Customs Warehouse.

Repeals (with certain savings and exceptions) the Enactments specified in the Fifth
Schedule.

26. Metropolitan Board op Works (Money) [E.]

Amends 38 & 39 Viet. c. 65., Metropolitan Board of Works (Loans) Act, 1875.

„ 42 & 43 Viet. c. 69., Metropolitan Board of Works (Money) Act, 1879.

Applies Metropolitan Board of Worts (Loans) Acts, 1869 to 1871.

„ Metropolitan Board of Works (Money) Acts, 1875 to 1879.

Empowers Board to expend Moneys for purposes described in the Schedules.

Applies 24 & 25 Viet. c. 98., as to Forgery of Metropolitan Bills.

26. Married Women’s Policies op Assurance (Scotland) [S.]

Extends to Scotland certain Facilities for effecting Policies of Assurance contained in
33 & 34 Viet. c. 93., Married Women’s Property Act, 1870.

27. Drainage and Improvement op Lands (Ireland) [I.]

Amends 26 & 27 Viet. c. 88., Drainage and Improvement of Lands (Ireland) Act, 1863.
Applies 29 & 30 Viet. c. 49., Drainage Maintenance Act, 1866.

28. Census (Ireland) [I.]

Applies 14 & 15 Viet. p. 93. and 21 & 22 Viet. c. 100., Petty Sessions (Ireland) Acts, 1851
and 1858.

29. Courts op Justice Building Act Amendment [E.]

Amends 28 & 29 Viet. c. 48., Courts of Justice Building Act, 1865.

30. Consolidated Fund (10,818,274/.) [U.K.]

31. Railways Construction Act Amendment (Ireland) [I.]

Amends 27 & 28 Viet. c. 121., Railways Construction Facilities Act, 1864.

Awards borrowing powers to Irish Railways scheduled in 43 and 44 Viet. c. 14., Relief of
Distress (Ireland) Amendment Act, 1880.

32. Bastardy Orders [EJ

Amends 35 & 36 Viet. c. 65., j. Bastardy Laws Amendment Acts, 1872 and 1873.

Digitized by LjOOQle

302

Effect of Legislation. 43 & 44 Yicr.

Table A.—Acts of 43 & 44 Viet, (in order of Chapter), &c. —continued.

Ch.

33. Post Office (Money Orders) [U.K.]

Amends 3 & 4 Viet. c. 96., Post Office Duties Act, 1840.

„ 11 & 12 Viet. c. 88., Post Office Money Order Act, 1848.

Applies 24 Sc 25 Viet. c. 96., Larceny Act, 1861.

. „ 24 & 25 Viet. c. 98., Forgery Act, 1861.

34. Debtors (Scotland) [S.]

Abolishes (with certain exceptions) Imprisonment for Debt in Scotland.
Applies 19 & 20 Viet. c. 79., Bankruptcy (Scotland) Act, 1856.

;; Acts > 1836and 1876 -

35. Wild Birds Protection [U.K.]

Repeals 32 & 33 Viet. c. 17., Sea Birds Preservation Act, 1869.

„ 35 8c 36 Viet. c. 78., Wild Birds Protection Act, 1872.

„ 39 & 40 Viet. c. 29., Wild Fowl Preservation Act, 1876.

Applies 11 & 12 Viet. c. 43. and 42 & 43 Viet. c. 49., Summary Jurisdiction Acts, 1848

and 1879.

„ 27 & 28 Viet. c. 53., Summary Procedure (Scotland) Act, 1864.

„ 14 & 15 Viet. c. 93., Petty Sessions (Ireland) Act, 1851.

36. Savings Banks [U.K.]

Amends 26 & 27 Viet. c. 25., Savings Bank Investment Act, 1863.

„ 26 & 27 Viet. c. 87., Trustee Savings Bank Act, 1863.

„ 40 & 41 Viet. c. 13., Customs, Inland Revenue, and Savings Bank Act, 1877.

Applies 32 & 33 Viet. c. 59., Savings Bank Investment Act, 1369.

;; £ & S vid: l: S;} Bank Holida y Act8 - 1871 and 1875 -

37. Crnsu8 [E.]

Applies Summary Jurisdiction Acts.

38. CENSUS (Scotland) [S.]

Applies 27 & 28 Viet. c. 53., Summary Procedure (Scotland) Act, 1864.

39. County Court Jurisdiction in Lunacy (Ireland) [I.]

Applies 34 & 35 Viet. c. 22., Lunacy Regulation (Ireland) Act, 1871.

„ 40 & 41 Viet. c. 56., County Officers and Courts (Ireland) Act, 1877.

40. Appropriation [U.K.]

Repeals part of 43 Viet. c. 13., Appropriation Act (Sess. 1), 1880.

41. Burial Laws Amendment [E.]

Provides for burials in churchyards or graveyards without the rites of the Church of
England.

Amends s. 17- of 37 & 38 Viet. c. 88., Births and Deaths Registration Act, 1874.

42. Employers* Liability [U.K.]

Amends existing Law in respect of liability for personal injuries to Workmen.

Applies County Courts Acts, &e. as to Trial of Action.

„ 38 & 39 Viet. c. 90., Employers and Workmen Act, 1875.

43. Merchant Shipping (Carriage op Grain) [U.K.]

Repeals section 22. of 39 & 40 Viet. c. 80., Merchant Shipping Act, 18/6.

Applies 17 & 18 Viet. c. 104 (Merchant Shipping Act, 1854), and Acts amending
the same.

Merchant Shipping Acts, 1871 and 1873.
c. 36., Customs Consolidation Act, 1876.

44. Irish Loans [I.]

Amends 43 & 44 Viet. c. 14., Relief of Distress (Ireland) Amendment Act, 1880.

„ 42 & 43 Viet. c. 77., Public Works Loans Act, 1879.

45. Criminal Law Amendment [E. & I.]

Amends Law as to Indecent Assaults on Young Persons.

46. Universities and College Estates Act Amendment [E>]

Amends 21 and 22 Viet. c. 44., | Universities and College Estates Acts, 1858 and 1860.

s. 5. of 34 & 35 Viet. c. 110., \
s. 4. of 36 & 37 Viet. c. 85., J
ss. 50. and 51. of 39 & 40 Viet.

Digitized by LjOOQle

1880.

Effect of Legislation.

Table A.—Acta of 43 & 44 Viet, (in order of Chapter), 8cc.—continued.

303

47- Ground Gams [U.K.]

Enables Occupiers of Land to protect their Crops from injury and loss by Ground
Game.

Saves provisions of 33 and 34 Viet. c. 57., Gun Licence Act, 1870.

48. Expiring Laws Continuance [U.K.]

Continues (as in Schedule) the following Acts, and Acts amending the same; viz.:—

5 A 6 Will. 4. c. 27., Linen, &o. Manufactures (Ireland).

8 & 4 Viet. c. 89., Poor Rates (Stock in Trade Exemption).

4 8c 5 Viet. c. 85., Copyhold, &c. Commissions.

4 A 5 Viet. c. 59., Application of Highway Rates to Turnpike Roads.

10 8c 11 Viet. c. 32., Landed Property Improvement (Ireland).

10 & 11 Viet. c. 98., Ecclesiastical Jurisdiction.

11 & 12 Viet. c. 32., County Cess (Ireland).

14 & 15 Viet. c. 104., Episcopal, &c. Estates.

23 & 24 Viet. c. 19., Dwellings for Labouring Classes (Ireland).

24 8c 25 Viet. c. 109., Salmon Fishery (England).

25 8c 26 Viet. c. 97., Salmon Fisheries (Scotland).

26 8c 27 Viet. c. 105., Promissory Notes.

27 8c 28 Viet. c. 20., Promissory Notes, &c. (Ireland).

28 8c 29 Viet. c. 46., Militia Ballots Suspension.

28 Sc 29 Viet. c. 83., Locomotives on Roads.

29 & 30 Viet c. 52., Prosecution Expenses.

82 8c 33 Viet c. 42., Irish Church.

34 8c 35 Viet c. 87., Sunday Observance Prosecutions.

35 8c 36 Viet c. 33., Parliamentary and Municipal Elections (Ballot).

38 8c 39 Viet c. 48., Police Expenses.

39 8c 40 Viet. c. 21., Juries (Ireland).

(B.)

Acts of former Sessions (in Chronological Order) Repealed and Amended

by Acts of 43 & 44 Viet.

Act repealed or amended.

Subject-matter.

How

affected.

Chapter of
43 & 44 Viet.

10 Will. 3. c. 4. ss. 5, 8.

Distillation of Spirits, &c.

Repealed

1 Geo. 1. stat. 2. c. 2. -
33 Geo. 2. c. 7.

[ Malt Duties -

Repealed

30 Geo. 3. c. 38. s. 15.

Licences for retailing Spirits -

Repealed

43 Geo. 3. c. 99.

„ c. 150.

„ c. 161. in part

45 Geo. 3. c. 7L

„ c. 95.

48 Geo. 3. c. 55. 8. 7. -

>Taxes Management—Inland Revenue

Repealed

„ c. 141. in part

50 Geo. 3. c. 105.

52 Geo. 3. c. 95.

55 Geo. 3. c. 161.

56 Geo. 3. c. 58. ss. 2, 3. in

part

Sugar used in brewing

Repealed

1 & 2 Geo. 4. c. 22. -

Beer Duties -

Repealed

„ c. 113. -

Taxes Management -

Repealed

3 Geo. 4. c. 30.

Malt Duties -

.Repealed

; 20

„ c. 88.

Land and Assessed Taxes

Repealed

4 Geo. 4. c. 94.

Spirit Duties -

Repealed

6 Geo. 4. c. / • s. 11. -

‘

Assessed Taxes

Repealed

! 19

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304 Effect of Legislation. 43 & 44 Vicr.

Table BwW-Aets of (former Sessions repealed and amended— cmitHnutd.

Act repealed or amended.

Subject-matter.

How

affected.

| Chapter of
|43&44Vwt

6 Geo. 4. c. 32.

Land TaX

Repealed

„ c. 58.

Duties and drawbacks on Beer and

Repealed

Malt, &c.

„ ‘ c. $0. s. 145.

„ c. 81. 88. 2, 20. in part

Spirit Duties - - -

]

Repealed

7 & 8 Geo. 4. c. 52. -

11 Geo. 4. & 1 Will; 4. c. 17. -

ft tt 9/ 31.

„ „ c. 51. in

part.

1&2WU1.4. c. 18. -

L Malt Duties - - -

Repealed

Duties on Cyder, Beer, and Ale, 8cc. -

Repealed

Land and Assessed Taxes -

Repealed

„ c. 55. in part -

Malt Duties - -

Repealed

4 & 5 Will. 4. c. 60. in part -

5 & 6 Will. 4. c. 20. in part -
„ c. 64. as. 10-13.

iTaxes Management— Inland Revenue

Repealed

6 & 7 Will. 4. c. 65. 88. 10-12.

7 Will. 4. & 1 Viet. c. 49. -

Malt Duties -

Repealed

1 Viet. c. 61. s. 3.

Assessed Taxes -

Repealed

3 & 4 Viet. c. 96.

Post Office Duties - -

Amended

4 & 5 Viet. c. 49.

Countv Bridges -

Use of Roasted Malt in colouring Beer

Amended

5 & 6 Viet. c. 30.

Repealed

„ c. 37. s. 7.

6 & 7 Viet. c. 24.

7 & 8 Viet. c. 46.

> Assessed Taxes, &c. -

Repealed

9 & 10 Viet. c. 3.

Fishery Piers -

Amended

„ c. 56.

Assessed Taxes and Income Tax

Repealed

10 & 11 Viet. c. 6. -

Sugar used in brewing Beer -

Repealed

11 & 12 Viet. c. 88. -

Post Office Money Orders

Amended

12 & 13 Viet. c. 51. -

Judicial Factors (Scotland) -

Amended

14 & 15 Viet. c. 82. -

Great Seal -

Amended

„ c. 102. -

Seamen's Fund Winding-up -

Amended

17 & 18 Viet. c. 1. 8. 5.

Assessed Taxes and Income Tax

Repealed

„ c.27. -

• Duties of Excise ...

Repealed

„ c. 30. -

Duties of Excise on Sugar made in
the United Kingdom.

Land and Assessed Taxes, &c.

Repealed

c. 85. -

Repealed

„ c. 104. -

Merchant Shipping ...

Amended

16, 18, and
22.

24 1

18 & 19 Viet. c. 38. (except

Use of Spirit of Wine in Arts and

Repealed

8. 3.)

Manufactures.

„ c. 94.

Spirit Duties -
Malt Duty, &c. -

Repealed

20 and 24

19 & 20 Viet. c. 34. -

Repealed

„ c. 80. as. 2, 4. -

20 & 21 Viet. c. 28. 8. 2.

j- Income Tax, &c. -

Repealed

21 & 22 Viet. c. 44. -

Universities and College Estates

Amended

22 & 23 Viet. c. 18. 8. 7.

Malt Duty -

Repealed

23 & 24 Viet. c. 59. -1

Universities and College Estates

Amended

« 0.113. in part

Malt Duty * - '

Repealed

„ c. 114. -

Malt Duty and Excise Regulations

Repealed

20 and 24

relating to Spirits.

24 & 25 Viet. c. 21. 8. 2. in

Spirit Duties - - - -

Repealed

part.

„ c. 91. in part -

Inland Revenue -

Repealed

19, 20, and
24.

19 and 20

•25 8c 26 Viet. c. 22. iu part -

Inland Revenue -

Repealed

„ c. 63. -

Merchant Shipping - - -

Amended

„ c. 103. -

Union Assessment -

Amended

26 & 27 Viet. c. 3. -

Malt Duty - - - -

Repealed

„ c. 11. in part -

Registration of Births and Deaths
(Ireland).

Repealed

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1880 . Effect of Legislation.

Table B.—Acts of former Sessions repealed and amended— continued.

305

Act repealed or amended.

S abject-matter.

How

affected.

Chapter of
43 & 44 Viet.

Amended

Repealed

Amended

Repealed

Amended

Repealed

19 and 20

Amended

31 .

Repealed

Amended

Repealed

19, 20, and
24.

Amended

Repealed

19 and 20

Amended

Repealed

Amended

Repealed

9 and 20

Amended

Repealed

19 and 24

Repealed

Amended

Repealed

Amended

Repealed

19,20, & 24

Amended

Repealed

20 and 24

Amended

Repealed

Amended

22 and 43

26 & 27 Viet. c. 25. -

„ c. 33. s. 23.

„ c. 86. s. 4.

„ c. 87. -

„ c. 88. -

27 & 28 Viet. c. 9. -

„ c. 12. in part

„ c. 39. -

a c. 66. in part

c. 121. -

28 & 29 Viet. o. 30. *s. 6.

„ o. 48. -

„ c. 66. -

„ c. 96. in part

„ c. 98. in part

29 & 30 Viet. c. 23. s. 6.

part.

M c. 64. in part

„ c. 118. -

30 & 31 Viet. o. 27. -

„ c. 90. -

31 & 32 Viet. c. 25. -

„ c. 48. -

„ c. 124. as. 3-5.

32 & 33 Viet. c. 14. in part

„ c. 17. -

„ c. 103. in part

33 & 34 Viet. c. 4. -

„ c. 24. -

37 & 38 Viet.

» c.

tt c.

tt C.

34 & 35 Viet. c.

)> c.

35 & 36 Viet. c.

» c.

36 & 37 Viet. c*.

M C.

c.
c.

n c.

>» C.

38 & 39 Viet. c.’

„ c.

ft c.

39 & 40 Viet, c.’

ft c.

tt c.

„ C.

„ c.

tt c.

32. in part
75. -
112 . -
100 . -

103. in part -
. 23. a. 20. in
part.

65. -

78. -

8. 88. 1, 2.

9. -

18. ss. 6-9. -

8. 8. 7.

16. in part

26. -

88. s. 17. -

23. ss. 7, 10 -
30. -

65. -

77.

16. s.

29. -

35. in part

36. a. 42.

59. -

79. -

80. -

,3.

[the law reports.J

Savings Banks -

Inland Revenue -

Isle of Man Harbours
Savings Banks -

Drainage and, Imprpvement of Lands
(Ireland).

Malt Duty - - _

Warehousing of British Spirits
Union Assessment - -

Inland Revenue ...

Railways Construction Facilities
Inland Revenue ...

Courts of Justice Building
Malt Duty - - _

j- Spirit Duties -

Isle of Man Customs, &c.

Inland Revenue -

Industrial Schools -
Spirit Duties -
Inland Revenue -

Industrial Schools (Ireland) -
Representation of the People (Scot¬
land).

Inland Revenue -

Sea Birds Preservation
Spirit Duties - -

Income Tax - - _

Metropolitan Board of Works—Stamp
Duty.

Inland Revenue
Elementary Education

J- Glebe Loans (Ireland)

Inland Revenue
Isle of Man Harbours

Bastardy - -

Wild Birds Protection -
Income Tax, &c.

Bastardy ...

Inland Revenue
Isle of Man Harbours
Inland Revenue
Canadian Stock—Stamp Duty
Births and Deaths Registration
Inland Revenue
Glebe Loans (Ireland)

Metropolitan Board of Works (Loans)
Supreme Court of Judicature
Spirit Duties
Wild Fowl Preservation
Spirit Duties -
Customs—Malt Duty
Appellate Jurisdiction -
Elementary Education
Merchant Shipping

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306

Effect of Legislation. 43 & 44 Yict.

Table B.—Acts of former Sessions repealed and amended— continned.

Act repealed or amended.

Subject-matter.

How

affected.

Chapter of
43 & 44 Viet.

40 & 41 Viet. c. 13. -

11. - l

1 Savings Banks

Amended

„ c. 13. 8.

Spirit Duties ...

Repealed

„ c. 16. -

Removal of Wrecks

Amended

# 22

„ c. 48. -

Universities of Oxford and Cambridge

Amended

„ c. 69. -

Colonial Stock—Stamp Duty -

Amended

41 & 42 Viet. c. 6.

Glebe Loans (Ireland) -

Amended

„ c. 15. in ]

jart -

Inland Revenue -

Repealed

19 and 24

42 &43 Viet. c. 21. ss. .

19-25.

Inland Revenue

Repealed

„ c. 69. -

Metropolitan Board of Works (Money)

Amended

„ c. 77. -

Public Works Loans

Amended

43 Viet. c. 1. -

Seeds Supply (Ireland)

Amended

» C. 4. -

Relief of Distress (Ireland)

Amended

„ c. 13. in part •

Appropriation ...

Repealed

43 & 44 Viet. c. 14.

Relief of Distress (Ireland) -

Amended

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307

INDEX

TO THB

PUBLIC GENERAL STATUTES,

43 ft 44 VICTORIA.—A.D. 1880.

Several Public Acts of a Local Character have been placed amongst the Local and Personal Acts.
These Acts will be found (separately distinguished) in the “ Table of the Statutes ” at the com¬
mencement of the volume, page v.

Acts of Parliament. See Expiring Laws Continuance; p. 271. Statutes (Defi¬
nition of Time); p. 14. Turnpike Acts Continuance; p. 17.

Administration of Justice. See —

Bastardy Orders ; p. 214.

Births and Deaths Registration ;

p. 22.

County Court Jurisdiction in Lu¬
nacy ; p. 241.

Courts of Justice Building Act
Amendment ; p. 211.

Criminal Law Amendment ; p. 265.

Debtors (Scotland) ; p. 218.

Employers’ Liability ; p. 258.

Allotment Notes to Seamen. See Merchant Seamen ; p. 45.

Appropriation :

To apply a sum out of the Consolidated Fund to the' service of the year ending the
31 st day of March 1881, and to appropriate the Supplies granted in this Session of
Parliament. Ch. 40. Page 242.

Assaults (Indecent) on Females. See Criminal Law Amendment ; p. 265.
Assessment of Parishes. See Union Assessment ; p. 10.

Assurance Policies. See Married Women’s Policies of Assurance ; p. 205.

Expiring Laws Continuance ; p. 271.
Indecent Assaults on iSemales ;
p. 265.

Industrial Schools Acts Amendment;
p. 45.

Judicial Factors (Scotland) ; p. 6.
Merchant Seamen ; p. 45.

Merchant Shipping ; pp. 51, 141, 261.
Wild Birds Protection ; p. 223.

Bank Holidays. See Revenue Offices (Scotland) Holidays ; p. 50.

Bankruptcy. See Debtors (Scotland) ; p. 218.

Bastardy Orders :

To render valid certain Orders in Bastardy. Ch. 32. Page 214.

§ 1. Confirmation of orders made under 35 & 36 Viet. c. 65. and 36 & 37 Yict. c. 9.; p. 214.

2. Short title ; p. 215.

Beer Dutt. See Inland Revenue ; p. 123.

U 2

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Index to the PvMic General Statutes.

43 & 44 Vicr.

Birds Protection. See Wild Birds Protection ; p. 233.

Births and Deaths Registration (Ireland) :

To amend the Law in Ireland relating to the Registration of Births and Deaths. Ch. 13.

Page 22.

Registration of Births.

§ 1. Information concerning birth to be given to registrar within forty-two days; p. 22.

2. Requisition by registrar of information concerning birth from qualified informant after

forty-two days ; p. 23.

3. Information respecting finding new-born child to be given to registrar ; ib.

4. Registrar to ascertain and register birth gratis ; ib.

5. Registry after expiration of three months from birth; ib.

6. Registry of birth out of the district in case of removal; p. 24.

7. Saving for father of illegitimate child ; ib.

8. Registration of name of child or of alteration of name; ib.

Registration of Deaths .

9. Registry of death and cause of death; p. 25.

10, 11. Information concerning death; ib.

12. Notice preliminary to information ; ib.

13. Requisition by registrar of information concerning death from qualified informant; p. 26.

14. Registrar to register death gratis ; ib.

15. Death not to be registered after twelve months ; ib.

16. Furnishing of information by coroner; ib.

Burials.

17. Coroner’s order and registrar’s certificate for burial; p. 27.

18. Burial of deceased children as still-born; ib.

19. Notice where coffin contains more than one body; p. 28.

Certificates of Cause of Death.

20. Regulations as to certificates of cause of death; p. 28.

' Superintendent Registrars and Registrars.

21. Assistant registrar to be appointed ; p. 29.

22. Interim registrars; ib.

23. Fees of superintendent registrars and registrars ; ib.

24. Certificates of birth having been registered; p. 30.

25. Supply of forms and making of indexes; ib.

26. Penalty on registrar for refusal or omission to register or to forward declaration, or on

persons having custody of books for loss or injury thereto; ib.

Correction of Errors.

27. Correction of errors in registers of births and deaths; p. 30.

Miscellaneous Provisions.

28. Register when not evidence; p. 31.

29. 30. Penalty for not giving information, failing to comply with requisition, Ac., and for false

statements, Ac.; p. 32.

31. Sending certificates, Ac. by post; ib.

32. Explanation of s. 3. of 26 Viet. c. 11. (Registration of Births and Deaths, Ireland) ; p. 33.

33. Use of forms as in Schedule ; ib.

34. Power of Lord Lieutenant and Registrar General to alter forms in schedules under 26 Viet.

c. 11., and make regulations ; ib.

35. Recovery of penalties ; ib.

86. Time for prosecution of offence ; ib.

37. Particulars required to be registered concerning birth or death; p. 34.

38. Interpretation of terms; ib.

39. Definition of registrar and superintendent registrar; ib.

40. Commencement of Act, 1st January 1881; ib.

41. Act to extend to Ireland oDly ; ib.

42. Construction of Act with 26 Viet. c. 11.; ib.

43. Short title; ib.

Repeal.

44. Repeal of 26 Viet. c. 11., to extent specified in schedule; p. 34.

Schedules ; p. 35.

Board of Works. See Metropolitan Board of Works ; p. 195.

Brewers Licences. See Inland Revenue ; p. 123.

Bridges (County). See County Bridges Loans Extension ; p. 9.

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1880.

Index to the Public General Statutes .

309

Burial Laws Amendment :

To amend the Bnrial Laws. Ch. 41. Page 253.

§ 1. After passing of Act, notice may be given that burial will take place in churchyard or
graveyard without the rites of the Church of England ; p. 253.

2. As to burials of paupers; p. 254.

3. Time of burial to be stated in notice, subject to variation ; ib.

4. Burial to take place in accordance with notice; p. 255.

5. Regulations and fees ; ib.

6. Burial may be with or without religious service; ib.

7. Burials to be conducted in a decent and orderly manner and without obstruction j ib.

8. Powers for prevention of disorder; ib.

9. Act not to give right of burial where no previous right existed; p. 256.

10. Burials under Act to be registered; ib.

11. Order of coroner or certificate of registrar to be delivered to relative, &c. instead of to

person who buries; ib.

12. Liberty to use burial service of Church of England in unconsecrated ground ; ib.

13. Relief of clergy of Church of England from penalties in certain cases; p. 257.

14. Saving as to certain ministers of Church of England; ib.

15. Application of Act to the Channel Islands, but not to Scotland or Ireland; ib.

16. Short title; ib.

Schedules; ib.

0 .

Cambridge University. See Universities of Oxford and Cambridge; p. 15. Uni¬
versities and College Estates Act Amendment ; p. 266.

Census of United Kingdom :

For taking the Census of England. Ch. 37. Page 231.

§ 1. Local Government Board to superintend the taking of the census ; p. 231.

2. Registrars sub-districts to be formed into enumerators divisions ; ib.

3. Enumerators to be appointed; ib.

4. Householders schedules to be left at dwelling-houses; and occupiers to fill up the schedules

and sign and deliver them to the enumerator ; p. 232.

5. Schedules to be collected from house to house, and corrected if found to be erroneous ; ib.

6. Enumerators to take an account of houses, &c., and to distinguish the boundaries of

parishes, boroughs, Ac.; p. 233.

7. Registrars to verify the enumerators books; ib.

8. Superintendent registrars to examine the enumerators books and return them to the

Registrar General; ib.

9. An abstract of returns to be printed and laid before Parliament; ib.

10. Masters, Ac. of gaols, Ac. to be appointed enumerators of the inmates thereof; p. 234.

11. Overseers, peace officers, and relieving officers of unions formed under 4 & 5 Will. 4. c. 76.

bound to act as enumerators ; ib.

12. Returns of persons travelling or on shipboard, or not in houses; ib.

13. Table of allowances to enumerators and others; ib.

14. Payments to be certified to the Registrar General; ib.

15. Manner in which the payments shall be made to persons employed in execution of this Act

in England; ib. /

16. Penalty on persons for wilful default; p. 235.

17. Penalty for refusing information or giving false answers ; ib.

18. Recovery of penalties ; ib.

19. Interpretation of terms ; ib.

20. Short title; ib.

For taking the Census in Ireland. Ch. 28. Page 208.

§ 1. Interpretation of terms; p. 208.

2. Account of population of Ireland to be taken ; ib.

3. By whom such account shall be taken ; ib.

4. Masters, Ac. of gaols, Ac. to be appointed enumerators of the inmat e s thereof; p. 209.

5. Forms, Ac. to be furnished for their use ; ib.

6. Power to make the inquiry; ib.

7. Penalty for refusing to answer, or for giving false answers; ib.

8. Penalty on persons employed if guilty of wilful default or neglect; ib.

9. Proceedings how to be taken, and penalties recovered and applied; p. 210.

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310

Index to the Public General Statutes.

43 & 44 Vict

Census or United Kingdom— continued .

§ 10. The persons taking the accounts to certify and affirm as to their correctness, and deliver
them to the officer appointed to receive them ; such officer to transmit them to the office of
the Chief Secretary and an abstract thereof to be laid before Parliament; p. 210.

11. Punishment of persons wilfully making false affirmation or declaration ; ib.

For taking the Census of Scotland. Ch. 38. Fage 236.

§ 1. Secretary of State to superintend Census; p. 236.

2. Cop j of this Act to be sent to every sheriff and the chief magistrate of Edinburgh, &c.; ib.

3. Registrars districts to be formed into enumerators divisions ; ib.

4. Enumerators to be appointed; ib.

5. Householders schedules to be left at dwelling-houses, and occupiers to fill up the schedules

and sign and return them to the enumerator ; p. 237.

6. Schedules to be collected from house to house, and corrected, if found to be erroneous; ib.

7. Enumerators to take an account of houses, &c., and to distinguish the boundaries of

parishes and burghs; ib.

8. Registrars to verity the enumerators books, and deliver them to the sheriff, &c.; p. 238.

9. Returns to be given to the sheriffs of counties and chief magistrates of Edinburgh, Ac.; ib.

10. Sheriffs of counties and chief magistrates of Edinburgh, &c. to receive the returns and
transmit them to the Registrar General; p. 239.

11. An abstract of returns to be printed and laid before Parliament; ib.

12. Governors, &c. of gaols, Ac. to be appointed enumerators of the inmates thereof; ib.

13. Inspectors of poor, &c. bound to act as enumerators ; ib.

14. Returns of houseless poor and of persons travelling or on shipboard ; ib.

15. Table of allowances to enumerators and other persons employed ; ib.

16. Payments to be certified to the Registrar General; p. 240.

17. Manner in which the payments shall be made to persons employed injexecution of this Act; ib.

18. Penalty for wilful default; ib.

19. Penalty for refusing information or giving false answers; ib.

20. Recovery and application of penalties ; p. 241.

21. Interpretation of terms ; ib.

22. Short title.

Clerk of the Crown in Chancery. See GrAat Seal ; p. 14.

College Estates. See Universities and College Estates Act Amendment;

p. 266.

Compensation to Workmen. See Employers’ Liability ; p. 258.

Consolidated Fund :

To apply the sum of 4,925,320/. out of the Consolidated Fund to the service of the
year ending the 31st March 1881. Ch. 3. Fag© 5.

To apply the sum of 10,818,274/. out of the Consolidated Fund to the service of the
year ending the 31st March 1881. Ch. 30. Fage 212.

To apply a sum out of the Consolidated Fund to the service of the year ending the
31st day of March 1881, and to appropriate the supplies granted in this Session of
Parliament. Ch. 40. Fage 242.

County Bridges Loans Extension:

To make provision for borrowing in respect of certain County Bridges. Ch. 5. Page 9.

§ 1. Short title ; p. 9.

2. Extension of power to borrow under County Bridges Act, 4 & 5 Vict c. 49.; ib.

3. Construction of Act with Highways and Locomotives (Amendment) Act 1878, 41 & 42 Vict.

c. 77; ib.

County Court Jurisdiction in Lunacy (Ireland) :

To confer Jurisdiction in Lunacy upon the County Courts in Ireland in certain cases.
Ch. 39. Fage 241.

§ 1. Short title; p. 241.

2. Jurisdiction of Civil Bill Courts in Ireland in respect to matters under this Act; ibi

Courts of Justice Building Act Amendment :

To amend the Courts of Justice Building Act, 1865, 28 & 29 Vict. c. 48. Ch. 29.

Page 211.

§ 1. As to certificate by Lord Chancellor for payment of balance, &c., on transference of
business; p. 212.

2. Vesting order ; ib •

3. Short title; ib.

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1880,

Index to the Public General Statutes.

311

Criminal Law Amendment :

To amend the Criminal Law as to Indecent Assaults on Young Persons. Ch. 45-

Page 265*

§ 1. Short title; p. 265.

2. Consent to be no defence to charge or indictment for an indecent assault on young person

under 13; ib.

3. Act not to apply to Scotland; ib.

Customs Offices Holidays. See Revenue Offices (Scotland) Holidays $ p. 50.

Deaths, Registration of. See Births and Deaths Registration (Ireland);

p. 22.

Debtors (Scotland):

To abolish imprisonment for debt, and to provide for the better punishment of Frau¬
dulent Debtors in Scotland; and for other purposes. Ch. 34. Page 218.

§ 1. Short title; p. 219.

2. Act to extend to Scotland only ; ib.

3. Commencement of Act, 1st January 1881 ; ib.

4. Abolition of imprisonment for debt, with certain exceptions ; ib.

5. Discharge of persons in custody at the commencement of this Act; ib.

6. New mode of constituting notour bankruptcy ; ib.

7. Debtor, who is notour bankrupt, may apply for cessio ; ib.

8. On application by creditor, sheriff may decern debtor, who is notour bankrupt, to execute

disposition omnium bonorum for behoof of creditors ; p. 220.

9. Procedure on petition for cesBio ; ib.

10. Periodical report by governor as to civil prisoners ; sheriff’s powers thereon ; p. 221.

11. No court fees, stamp duties, or government payments exigible ; ib.

12. Bank notes, money, &c., ip possession of a bankrupt may be seized under warrant from

sheriff; ib.

13. Punishment of fraudulent debtors in certain specified cases ; p. 222.

14. False claim, &c. a crime and offence ; p. 223.

15. Power to give information to Lord Advocate; ib.

16. As to punishments under this Act for offences punishable otherwise; ib.

Schedule ; ib.

Definition of Time. See Statutes (Definition of Time) ; p. 14.

Distillation of Spirits. See Spirits ; p. 144.

Distress in Ireland. See Relief of Distress in Ireland ; pp. 38,'264.

Drainage and Improvement of Lands (Ireland):

To amend the Law relating to the powers of Drainage Boards in Ireland to construct
Works outside the limits of their Districts. Ch. 27. Fag© 206.

| 1. Short title ; and construction of Act with 26 & 27 Viet. c. 88.; p. 206.

2. Additional powers to construct works outside the limits of a district; p. 207.

8. Supplementary provisions with respect to compensation, expenses of arbitration, &c.; ib.

Elementary Education :

To make further provision as to Byelaws respecting the attendance of Children at School
under the Elementary Education Acts. Ch. 23. Fage 142.

Preamble recites 39 & 40 Viet. c. 79. and 33 & 34 Viet. c. 75.; p. 142.

§ 1. Short tide and construction ; ib.

2. Obligation to make byelaws as to the attendance of children at school; p. 143.

3. Power of school attendance committee to make byelaws ; ib.

4. Enforcing of byelaws ; ib.

5. Amendment of 39 & 40 Viet. c. 79. s. 40. as to education being condition of relief to parents

of children; ib.

6. Repeal of enactments in 39 & 40 Viet. c. 79. as in Schedule ; p. 144.

Schedule ; p. 144.

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812

Index to 'the Public General Statutes.

43 & 44 VKrr.

Employees’ Liability :

To extend and regulate the Liability of Employers to make Compensation for Personal
Injuries suffered by Workmen in their service. Ch. 42. Pag© 258.

§ 1. Amendment of law as to liability of employers in respect of personal injuries to workmen;
p. 258.

2. Exceptions to amendment of law ; ib.

3. Limit of sum recoverable as compensation ; p. 259.

4. limit of time for recovery of compensation ; ib.

5. Money payable under penalty to be deducted from compensation under Act; ib.

6. Trial of actions ; ib.

7. Mode of serving notice of injury; p. 260.

8. Definition of terms; ib.

9. Commencement of Act, 1st Januaiy 1881 ; p. 261.

10. Short title of Act, which is to continue in force till 31st Pecember 1887, and to end of then

next session of Parliament; ib.

Exchequer Bills and Bonds :

To raise the sum of 1,500,000/. by Exchequer Bonds, Exchequer Bills, or Treason*
Bills, for the service of the year ending the 31st March 1881. Ch.,21. Page 140.

Excise. See Inland Revenue ; p. 119. Taxes Management ; p. 51.

Expiring Laws Continuance:

To continue various expiring Laws. Ch. 48. Page 271.

§ 1. Short title; p. 271.

2. Continuance of Acts in schedule ; ib.

Schedule ; ib.

Factors (Judicial). Sec Judicial Factors (Scotland) ; p. 6.
Fraudulent Debtors. See Debtors (Scotland); p. 218.

Game. See Ground Game ; p. 268.

Glebe Loan Acts (Ireland) Amendment:

To amend the Glebe Loan Acts (Ireland) (33 & 34 Viet. c. 112., 34 & 35 ViCt. c. 100.,
38 & 39 Viet. c. 30., and 41 & 42 Viet. c. 6.) Ch. 2. Page 5.

§ 1. Short title; p. 5.

2. Repealing section 2 of 41 & 42 Viet. c. 6., and extending Limit of Time for Loans under
Glebe Loan (Ireland) Acts ; ib.

Grain Cargoes. See Merchant Shipping ; p. 261.

(Great Seal:

To amend the Law respecting the Manner of passing Grants under the Great Seal, and
respecting Officers connected therewith. Ch. 10. Page 14.

§ 1. Short title; p. 14.

2. Commencement of Act, 1st November 1880; ib.

3. Preparation of warrants by Clerk of the Crown in Chancery in lieu of Attorney and Solicitor

General; p. 15.

4. Mode of passing Letters Patent for appointment of judges of Court of Appeal; ib.

5. Filing of instruments relating to Patents for inventions; ib.

6. 14 & 15 Viet. c. 82. may be cited as the Great Seal Act, 1851 ; ib.

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Ground Game:

For the better protection of Occupiers of Land against injury to their Crops from
Ground Game. Ch. 47. Page 268.

§ 1. Occupier to have a right inseparable from his occupation to kill ground game concurrently
with any other person entitled to kill the same on land in his occupation ; p. 268.

2. Occupier entitled to kill ground game on land in his occupation not to divest himself wholly
of such right; p. 269.

• 8. All agreements in contravention of right of occupier to destroy ground game void; ib.

4. Exemption from game licences; ib.

5. Savings as to certain rights of killing game ; p. 270.

6. Prohibition of night shooting, spring traps above ground, or poison; ib.

7. As to non-occupier having right of killing game ; ib.

8. Interpretation: “ground game ” means hares and rabbits ; ib.

9. Exemption from penalties for acting in accordance with Act; ib.

10. Saving of existing prohibitions in respect of killing game; ib.

11. Short title; ib.

Hares and Rabbits. See Ground Game ; p. 268.

Highways and Locomotives Act, 1878. See County Bridges Loans Extension;
p. 9.

Holidays. See Revenue Offices (Scotland) Holidays ; p. 50.

House Duties. See Taxes Management ; p. 51.

House Occupiers in Counties Disqualification Removal (Scotland) :

To amend the Representation of the People (Scotland) Act, 1868 (31 & 32 Viet. c. 48.).
Ch. 6. Page 9.

§ 1. Short title; p. 10.

2. Letting as furnished house for certain periods not to disqualify; ib.

Imprisonment for Debt. See Debtors (Scotland); p. 218.

Improvement of Lands. See Drainage and Improvement of Lands (Ireland) ;

p. 206.

Income Tax. See Inland Revenue ; p. 134. Taxes Management ; p. 51.
Indecent Assaults on Females :

To ametfd the Criminal Law as to Indecent Assaults on Young Persons. Ch. 45.

Page 265.

§ 1. Short title ; p. 265.

2. Consent to be no defence to charge or indictment for an indecent assault on young person

under 13; ib.

3. Act not to apply to Scotland; ib.

Industrial Schools Acts Amendment:

. Further to amend the Industrial Schools Act, 1866 (29 & 30 Yict. c. 118.), and the
’ industrial Schools Act (Ireland), 1868 (31 & 32 Yict. c. 25.). Ch. 15. Page 45.
§ 1. Extension of 29 & 30 Yict. c. 118. s. 14. and 31 & 32 Yict c. 25. 8. 11. to other descriptions
of children than those therein mentioned ; p. 45.

2; Short title; ib.

Inhabited House Duties. See Taxes Management ; p. 51.

Inland Revenue :

. To repeal the duties on Malt, to grant and alter certain duties of Inland Revenue, mid
to amend the Laws in relation to certain other duties. Ch. 20. Page 119.

§ 1. Short title; p. 120.

2. Interpretation of terms; ib.

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43 & 44 VlCT.

Inland Revenue— continued .

Part I .—Repeal of Duties on Malt , and Provisions as to Malt in Stock.

§ 3. Repeal of excise duties on malt, &c.; p. 120.

4. Customs duties on malt, &c. to cease; ib.

5. Allowance on malt in stock ; p. 121.

6. Rules to be observed by malt trader on claiming allowance; ib.

7. Mode of payment of allowance; p. 122.

8. Officer may enter premises of malt trader ; p. 123.

9. Malt traders who have sold malt as duty paid to deduct or repay the allowance ; ib.

Part II.— Brewers , and Excise Duty on Beer.

10. Brewers licence; p. 123.

11. Excise duty on beer; ib.

12. Equivalent of “ bushel of malt *’ in corn or sugar, and definition of expression ; p. 124.

13. Regulations as to charge of duty; ib.

14. Mode of ascertaining gravity and quantity ; ib.

15. Mode of ascertaining original gravity; ib.

16. Payment of duty ; p. 125.

17. Power to distrain for duties in arrear ; ib.

18. Loss by fire, &c.; ib.

19. Certain persons to be deemed brewers for sale; ib.

20. A brewing book to be delivered to brewers for sale and provisions to be observed in relation

thereto; ib.

21. Marking of vessels and rooms and positions of vessels ; p. 126.

22. Entry of premises ; ib.

28. Provisions as to operations in course of brewing ; p. 127.

24. Provision for case of excess in gravity of worts; *6.

25. Provisions as to the separation and the mixing of brewings; ib.

26. Power for officer to take samples; ib.

27. Penalty for concealing worts or beer, or adding sugar thereto after duty charged; ib.

28. Brewer to provide scales, weights, ladders, &c.; p. 128.

29. Power of entry and examination by officers; ib.

30. Power to enter and search for concealed pipes, &c.; ib.

31. Obstruction of officers ; ib.

32. A brewing paper to be delivered to brewers other than brewers for sale for the purpose of

entries therein; ib.

33. Provisions as to charge and payment of duty ; p. 129.

34. Beer brewed to be for domestic use ; ib.

35. Power of entry; iS.

36. Drawback on beer exported ; ib.

87. Provisions as to the drawback; ib.

38. Samples to ascertain gravity of beer for export; p. 130.

39. As to debenture for payment of drawback ; ib.

Part III .—Licences for the Sale of Liquors by Retail.

40. Meaning of terms; p. 130.

41. Alteration of the duties on certain excise licences; ib.

42. Duties on licences for the retailing of beer and wine ; p. 131.

43. Alteration of duties on licences to retailers of spirits ; ib.

44. Extension of six-day and early closing licences to the United Kingdom; p. 132.

45. Duties on licences for the sale of liquors and tobacco in boats ; p. 133.

46. Powers and provisions to be applied to Excise duties, drawbacks, and licences under this

Act; ib.

47. Construction of term “ exciseable liquors ” in billiard licence ; ib.

48. Saving rights under certain charters; ib.

49. Repeal of enactments in second schedule ; p. 134.

Part IV .—Income Tax.

30. Grant of additional duties of income tax ; p. 134.

51. Provisions for securing additional duties on dividends, &c., and as to right of deduction; ib.

52. Relief to owner-occupiers of land ; p. 135.

Part V.— Stamps.

53. Composition for stamp duty on transfers of debenture and other stocks of municipal corpora¬

tions; p. 135.

54. Amendment of existing Acts as to composition for stamp duty; p. 136.

55. Application of money received for composition to the reduction of the National Debt; ib.

56. Stamp on letter of renunciation may be adhesive; ib.

57. The returns of certain banking companies need not be advertised; ib.

First Schedule : Table to be used in determining specific gravity of worts of beer; p. 137*
Second Schedule : Enactments repealed ; p. 138.

Third Schedule: Acts relating to banking companies, referred to in § 57; p. 139.

See also Spirits ; p. 144. Taxes Management ; p. 51.

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Inland Revenue Offices Holidays. See Revenue Offices (Scotland) Holidays;
p. 50.

Interments. See Burial Laws Amendment ; p. 253.

Ireland, Acts relating exclusively to.
Births and Deaths Registration ;

p. 22.

Census ; p. 208.

County Court Jurisdiction in
Lunacy $ p. 241.

Drainage and Improvement of
Lands; p. 206.

See —

Glebe Loan Acts ; p. 5.

Railways Construction (Ireland)
Act Amendment ; p. 213.

Relief of Distress in Ireland ;
pp. 38, 264.

Irish Loans. See Relief of Distress in Ireland; pp. 38, 264.

Isle of Man Loans:

To provide for the raising of Loans on behalf of the Isle of Man. Ch. 8. Page 11.

§ 1. Short title; p. 11.

2. Power to Government of Isle of Man to borrow ; ib.

3. Conditions of borrowing; ib.

4. Appropriation for payment of loan and interest; ib.

5. Application of Local Loans Act, 38 & 39 Viet. c. 83., to loans under Act; p. 12.

6. Power to adopt Colonial Stock Act, 40 & 41 Viet. c. 59.; ib.

7. Investment by trustees in securities of Government of Isle of Man ; ib.

8. Application of loans ; p. 18.

9. Provision as to the loans on dues of harbours; ib.

10. Provision as to Tynwald Court and Governor ; ib.

11. Repeal of enactments in Schedule ; ib.

Schedules; ib.

Judicial Factors (Scotland):

To provide for the appointment of Judicial Factors in Sheriff Courts in Scotland.
Ch. 4. Page 6.

§ 1. Short title ; p. 6.

2. Commencement of Act, 1st January 1881; ib.

3. Interpretation of terms; ib.

4. Sheriff empowered to appoint judicial factors in Bmall estates; p. 7.

5. Power to Court of Session to pass acts of sederunt; p. 8.

6. Fees payable by estates deriving benefit from Act; p. 9.

Justice, Administration of. See —
Bastardy Orders ; p. 214.

Births and Deaths Registration;

p. 22.

County Court Jurisdiction in
Lunacy ; p. 241.

Courts of Justice Building Acts
Amendment ; p. 211.

Criminal Law Amendment ; p. 265.
Debtors (Scotland) ; p. 218.
Employers’ Liability ; p. 258.

Expiring Laws Continuance ; p. 271.
Indecent Assaults on Females ;
p. 265.

Industrial Schools Acts Amend¬
ment ; p. 45.

Judicial Factors (Scotland); p. 6.
Merchant Seamen ; p. 45.

Merchant Shipping; pp. 51, 141, 261.
Wilp Birds Protection $ p. 223.

Land Tax. See Taxes Management ; p. 51.

Lands, Drainage, &c. of. See Drainage and Improvement op Lands (Ireland);

p. 206.

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43 & 44 .Vic l

Licences for Sale of Beer, Spirits, &c. See Inland Revenue ; p. 130.

Liquors, Sale of. See Inland Revenue; p. 130. Spirits ; p. 144.

Loans by Public Works Commissioners. See Isle of Man Loans; p. 11. Public
Works Loans; p. 1 . Relief of Distress in Ireland ; pp. 38, 264.

Lunacy Jurisdiction. See County Court Jurisdiction in Lunacy (Ireland) ;
p. 241.

Malt Duties. See Inland Revenue; p. 119.

Man, Isle of. See Isle of Man Loans ; p. 11.

Manufacture* and Sale of Spirits. See Spirits ; p. 144.

Married Women’s Policies of Assurance (Scotland) :

To extend to Scotland the Facilities for effecting Policies of Assurance for the Benefit
of Married Women and Children now in force in England and Ireland. Ch. 26.

Page 205.

Preamble recites 38 & 84 Viet c. 98., Married Women’s Property Act, 1870; p. 205.

§ 1. Married woman may effect policy of assurance for her separate use; p. 206.

2. Policy of assurance may be effected in trust for wife and children ; ib.

8. Application of Act, and Bhort title; ib.

Merchant Seamen (Payment of Wages, &c.) :

To amend the Law relating to the Payment of Wages and Rating of Merchant Seamen.
Ch. 16. Page 45

§ 1. Short title, and construction of Act with 17 & 18 Viet. c. 104.; p. 45.

2. Conditional advance notes illegal; ib.

3. Amendment of 17 & 18 Viet. c. 104., ss. 168. and 169., as to allotment notes; p. 46.

4. Rules as to payment of wages ; ib.

5. Penalty for being on board ship without permission before seamen leave; p. 47.

6. Provisions contained in section 5. to apply to ships belonging to foreign countries in certain

cases; ib.

7. Rating of seamen; p. 48.

8. Power of court to rescind contract between owner or master and seaman or apprentice ; ib.

9. Licensing of seamen’s lodging-houses; ib.

10. Desertion and absence without leave ; ib.

11. Extension to seamen of 38 & 39 Viet. c. 90. (Employers ahd Workmen’s Act, 1875) ; p. 49.

12. Repeal of portions of 17 & 18 Viet. c. 104., as in Second Schedule ; ib.

Schedules ; p. 50.

Merchant Shipping Act Amendment :

To amend the Merchant Shipping Act, 1854 (17 & 18 Yict. c. 104.) Ch. 18. Page 51.

§ 1. Short title; p. 51.

2. Amendment of s. 37 of 17 & 18 Viet. c. 104. as to numbers of joint owners of ships; ib .

• To amend the Merchant Shipping Act, 1854 (17 & 18 Yict. c. 104.) [so far as regards
eertain Fees and Expenses and Sums receivable and payable by the Board of Trade.
Ch. 22. Page 141.

§ 1. Short title and construction of Act; p. 141.

2. Application of proceeds of unclaimed wreck towards payment of expenses connected with

wreck; ib.

3. Explanation of section 43 of Seamen’s Fund Winding-up Act, 1851 (14 & 15 Yict, c. 102.)

as to forfeiture; ib.

4. Provision as to fees on examination of engineers; ib.

5. Provision as to expenses incurred in removing wrecks; p. 142.

6. Costs of advertising notices of foreign sea marks; ib.

7. Application of Act to past payments; ib.

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Merchant Shipping (Carriage of Grain):

To provide for the safe carriage of Grain Cargoes by Merchant Shipping. Ch. 43.

Page 261.

§ 1. Short title and construction of Act; p. 261.

2. Commencement of Act, 1st January 1881 ; ib.

3. Obligation to take precautions to prevent grain cargo from shifting; ib.

4. Precautions against shifting of grain cargo laden in port in Mediterranean or Black Sea, or

on coast of North America; w.

5. Exemption from precautions specified in this Act for ships laden in Mediterranean or Black

Sea, or on coast of North America ; p. 262.

6. Notice by master of kind and quantity of grain cargo ; p. 263.

7. Penalty for false statement in notice; ib.

8. Power of Board of Trade for enforcing of Act; ib.

9. Prosecution of offences and recovery of penalties ; ib.

10. Definitions of terms; ib.

11. Repeal of section 22. of 39 & 40 Viet. c. 80. (Merchant Shipping Act, 1876) ; p. 264.

Methylated Spirits. See Spirits $ p. 174-177.

Metropolitan Board of Works (Money) :

For further amending the Acts relating to the raising of money by the Metropolitan
Board of Works ; and for other purposes relating thereto. Ch. 25. Page 195.

§ 1. Short title; p. 196.

2. Construction of Act; ib.

3. Interpretation of terms ; ib.

4. Amendment of section 8. of 42 & 43 Viet. c. 69., as to advance under Eire Brigade Act,

1865 ; ib.

5. Power for Board to expend money for purposes of Parks and Open Spaces Acts up to 31st

December 1880; ib.

6. Power to Board to expend moneys during year ending 31st December 1881, for purposes of

Metropolis Management Acts, 18 & 19 Viet. c. 120. s. 144. and 25 & 26 Viet. c. 102. s. 72.,
of Street Improvements Act, 35 & 36 Viet. c. cixiii., of Parks and Open Spaces Acts, of
Thames Embankment Acts, of Sun Street Improvement, of the Obelisk on Victoria
Embankment, and of the Metropolis Toll Bridges Act, 40 & 41 Viet. c. xeix.; p. 197.

7. Power for Board to expend money for purposes of Fire Brigade Act, 28 & 29 Viet. c. 90.;

р. 198.

8. Tower to Board to expend money for purposes of Metropolitan street improvements under

40 & 41 Viet. c. ccxxxv., and Thames River (Prevention of Floods) Act, 42 & 43 Viet.

с. cxcviii.; ib.

9. Power for Board to expend money for purposes of schemes under Artisans and Labourers’

Dwellings Act, 38 & 39 Viet. c. 36.; p. 199.

10. Special power to Board to expend money for purposes of main drainage and main sewers ; ib.

11. Power for Board to lend to vestry or district board; ib.

12. Power for Board to lend to board of guardians ; p. 200.

13. Extension of amount of loans by Board to Managers of Metropolitan Asylum District; ib.

14. Power to Board to lend to School Board for London in pursuance of Elementary Education

Acts, 33 & 34 Viet. c. 75. and 36 & 37 Viet. c. 86.; p. 201.

15. Power for Board to lend to corporations, burial boards, &c.; ib.

16. Payment of expenses relating to the Committee on London Water Supply; p. 202.

17. Board may raise money by bills ; ib.

18. Form and length of currency and interest on Metropolitan bills ; ib.

19. Payment and applications of proceeds of Metropolitan bills, and charge of bills on consoli¬

dated rate; io.

20. Mode of issue of Metropolitan bills; ib.

21. Regulations to be made by the Board as to issue, cancellation, &c. of Metropolitan bills;

p. 203.

22. Power to create consolidated stock partially suspended while Metropolitan bills authorised to

be raised; ib.

23. Application of certain provisions of Forgery Act, 24^& 25 Viet. c. 98., to Metropolitan bills;

ib.

24. Arrangement with bank as to issue, &c. of Metropolitan bills ; ib.

25. 32 & 33 Viet. c. 102. s. 38. not to extend to money raised under this Act ; ib.

26. Repayments to be carried to consolidated loans fund; ib.

27. Limit to exercise by Board of borrowing powers ; p. 204,

First Schedule: New money powers conferred by this Act 5 ib.

Second Schedule : 1. Parks and Open Spaces Acts. II. Thames Embankment Acts ;
p. 205.

Money Orders. See Post Office Money Orders ; p. 215.

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43 & 44 Vicr.

Oxford and Cambridge Universities. See Universities of Oxford and
Cambridge; p. 15. Universities and College Estates Act Amkndmkkt;

p. 266.

Patents for Inventions. See Great Seal ; p. 14.

Policies of Assurance. See Married Women’s Policies of Assurance
(Scotland) ; p. 205.

Poor._Poor Law. See Bastardy Orders ; p. 214. Union Assessment ; p. 10.

Population of United Kingdom. See Census of United Kingdom ; pp. 208, 231,
236.

Post Office Monet Orders :

Relating to Post Office Money Orders. Ch. 33. Page 215.

Preamble recites 3 & 4 Viet. c. 96. (Post Office Duties Act, 1840) and^ 11 & 12 Viet. c. 88.
(Post Office Money Order Act, 1848) ; p. 215.

§ 1. Power to the Postmaster General to issue money orders in form in schedule for the purpose
of transmission of small sums ; ib.

2. Application of 11 & 12 Viet. c. 88 ., and laying of regulations before Parliament; 'p. 216-

3. Forgery of crossing of order; ib.

4. Provisions as to fraud and forgery ; ib.

5. Definitions of terms ; p. 217.

6. Extension of Acts to Channel Islands and Isle of Man; ib.

7. Short title, and construction of Act with 11 & 12 Viet. c. 88.; ib.

Schedule : Form of Order ; p. 218.

Property Tax. See Inland Revenue; p. 134. Taxes Management; p. 51.

Public Works Loans :

To appoint Public Works Loan Commissioners; to grant Money for the purpose of
Loans by the Public Works Loan Commissioners and the Commissioners of Public
Works in Ireland ; and for other purposes relating to Loans by those Commissioners.
Ch. 1. Pa S« L

Preamble recites Public Works Loans Act, 88 & 89 Viet. c. 89.; p. 1.

§ 1. Short title; ib.

2. Appointment of Public Works Loan Commissioners for five years; ib.

3. Remission of interest on loan to Anstruther Union Harbour Commissioners incorporated by

23 & 24 Viet. c. 89.; ib.

4. Remission of certain instalments of principal and interest due in respect of River Corrib mill

power; p. 3.

5. Grant of 5,000,000/. for Public Works loans during the period ending 30th June 1881; ib.

6. Grant of 1,100,000/. for loan by Commissioners of Public Works in Ireland daring the

period ending 80th June 1881; p. 4.

Schedule referred to in section 4.; ib.

- See also Isle of Man Loans ; p. 11. Relief of Distress in Ireland ; p. 36.

Rabbits and Hares. See Ground Game ; p. 268.

Railways Construction (Ireland) Act Amendment :

§ 1. Short title; p. 213. ...

2. Issue of certificate when Parliament is not sitting for Insh railways scheduled in 43 & 44

Viet. c. 14. (Relief of Distress, Ireland, Amendment Act) ; ib.

3. Issue of certificate when Parliament is sitting; ib.

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Railways Construction (Ireland) Act Amendment— continued.

§ 4. Advertisements of application ; p. 214.

5. Award of borrowing powers to railway companies; ib.

6. Application of Act 27 & 28 Viet c. 121.; t'6.|

7. Act to extend to Ireland only; ib.

8. Duration of Act, 81st December 1881; ib.

Registration op Births and Deaths. See Births and Deaths Registration
(Ireland) $ p. 22.

Relief of Distress in Ireland :

To amend the Relief of Distress (Ireland) Act, 1880 (43 Viet. c. 4.), and for other
purposes relating thereto. Ch. 14. Page 38. .

§ 1. Short title ; p. 38.

2. Amendment of 43 Viet. c. 4 ; ib.

3. Powers of Commissioners of Public Works under Fishery Piers Act, 9 & 10 Viet c. 3.;

p. 39.

4. Terms upon which Commissioners may undertake works; ib.

5. Power to Commissioners to undertake works ; p. 40.

6. Management and maintenance of works when constructed; ib.

7. Amendment of terms of loans to boards of guardians ; ib.

8. Funds for preliminary expenses of loans ; p. 41.

9. Grant of out-door relief; ib.

10. Definition of improvements under s. 4. of 33 & 34 Viet c. 46. (Landlord and Tenant,

Ireland, Act 1870) ; ib.

11. Postponement of making special rate under 43 Viet. c. 1. (Seeds Supply, Ireland, Act, 1880) ;

ib.

12. Guardians to be at liberty to sell seed sufficient for two acres ; p. 42.

13. Hailway and other loans as mentioned in the Schedule ; ib.

14. Guarantees by presentment sessions ; ib.

15. Supplementary provisions as to presentments ; p. 43.

16. Interpretation; p. 44.

Schedule; ib.

To explain and amend Sections Seven, Thirteen, and Fourteen of the Relief of Distress
(Ireland) Amendment Act, 1880 (43 & 44 Viet. c. 14.) Ch. 44. Fage 264.

§ 1. Short title ; p. 264.

2. Explanation of s. 13. of 43 & 44 Viet. c. 14. as to rate of interest and duration of loans; ib.

3. Explanation of s. 14. of43 & 44 Viet. c. 14. as to loans to Harbour Commissioners; ib.,

4. Provision relating to the Bandon and Eilmacsimon railway or tramway; p. 265.

5. Explanation of s. 7. of 43 & 44 Viet. c. 14. as to out-door relief; ib.

- See also Railways Construction (Ireland) Act Amendment ; p. 213.

Representation of the People (Scotland) :

To amend the Representation of the People (Scotland) Act, 1868 (31 & 32 Viet,
c. 48.) Ch. 6. Page 9.

§ 1. Short title; p. 10.

2. Letting as furnished house for certain periods not to disqualify ; ib.

Revenue Offices (Scotland) Holidays :

To make provision for Holidays in the Customs and Inland Revenue Offices in Scot¬
land. Ch. 17. Page 50.

§ 1. Holidays mentioned in Schedule to be kept in Customs and Inland Revenue Offices in Scot¬
land ; p. 50.

2. Short title ; ib.

Schedule of Holidays; ib.

Sale of Spirits. ^Inland Revenue; p. 130. Spirits; p. 144,

Savings Banks :

To amend the Savings Banks Acts. Ch. 36. Page 226.

§ 1. Repayment by terminable annuity of deficit on trustee savings bank account; p. 226.

2. Reduction of rate of interest in the case of trustee savings banks; p. 228.

8. Investment of deposits in savings banks in Government 6tock ; ib.

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Savings Banks— continued.

§ 4. Regulations as to investment in Government stock ; p. 230.

5. Definitions of terms ; ib.

6. Amendment of 26 & 27 Viet. c. 87. s. 29., as to the separate surplus fund of trustee savings

banks; ib.

7. Commencement of Act, 1st November 1880; ib.

8. Short title; ib.

„ Schedule ; p. 231.

Scotland, Acts relating exclusively to. See —

Census ; p. 236. Married Women’s Policies or As*

Debtors ; p. 218. surance ; p. 205.

House Occupiers in Counties, &c. p. 9. Revenue Offices Holidays ; p. 50.
Judicial Factors; p. 6.

Sea Birds Protection. See Wild Birds Protection ; p. 223.

Seamen’s Wages. See Merchant Seamen ; p. 45.

Sheriff Courts (Scotland). See Judicial Factors (Scotland) ; p. 6.

Shipping (Merchant). See Merchant Shipping Act Amendment ; pp. 51, 141.
, Merchant Shipping (Carriage of Grain) ; p. 261.

Spirits :

To consolidate and amend the Law relating to the Manufacture and Sale of Spirits.
Ch. 24. Page 144.

Preliminary.

§ 1. Short title; p. 144.

2. Commencement of Act, 1st January 1881; ib.

3. Definitions of terms ; p. 145.

4. Division of Act into Parts; p. 146.

Part I.—Spirits other than Methylated Spirits.

General.

5. Prohibition of distilling, Ac. without licence ; p. 146.

€. Liability of person having wash and a still; ib.

7. As to capacity, Ac. of still in England ; ib.

8. Condition for grant of licence for still of less than 400 gallons ; p. 147.

Distiller’s Premises.

9. Distillery to be within quarter of a mile of market town, except on terms as to lodgings for

officers; p. 147.

10. Distillery not to be within quarter of a mile of rectifier’s premises ; ib.

11. Premises of distiller not to be connected with premises of brewer, Ac.; ib.

12. Power to refuse licence to brewer, Ac.; p. 148.

Distiller's Spirit Store and Utensils.

13. Provision and securing of spirits store; p. 148.

14. Rules with respect to vessels, Ac. in distillery, as in Schedule ; ib.

15. Alterations of vessels, utensils, and pipes; p. 149.

16. Power of Commissioners to allow use of additional or substituted vessels, Ac.; ib.

17. Penalty for interference with or attempt to defeat gauging; ib.

18. Penalty for frauds and offences in relation to fittings; ib.

Distiller's Entry.

19. Time and mode of making entry ; p. 149.

20. Continuance of entry; p. 150.

Materials for Distillation.

21. Materials for brewing and distillation ; p. 150.

22. Distiller to use only wort made in his distillery; ib.

23. Use of sugar; ib.

Brewing and Distilling.

24. Unlawful hours for brewing and distilling ; p. 151.

25. Brewing and distilling periods ; ib.

26. Notice in the case of a distiller commencing or recommencing business; ib.

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Spirits —continued.

§ 27. Notice in the ordinary course of business to be given before each brewing; p. 152.

28. Declaration as to wort; ib.

29. Penalty for excess of wort or wash beyond that specified in declaration; ib.

30. Penalty for excess of wort or wash on comparison of accounts ; ib.

31. Yeast not to be added except in backs; ib.

32. As to use of yeast; p. 153.

33. As to making bub or other fermenting composition; ib.

34. Refilling backs during brewing period ; ib.

35. Declaration at end of brewing period ; ib.

36. Penalty where original gravity exceeds gravity as declared ; p. 154.

37. Mode of ascertaining gravity of wort or wash ; ib.

38. As to mode of distilling; ib.

39. Return at end of distilling period ; p. 155.

40. Power to test by distillation ; ib.

41. Low wines or spirits not to be mixed so as to increase gravity ; p. 156.

Samples.

42. Power for officer to take samples; p. 156.

Spirits in Store.

43. As to distiller's spirit store; p. 156.

44. Account of stock and penalty for excess or deficiency ; p. 157.

45. Spirits may be removed from a store for exportation or Bhip’s stores ; ib.

Charging and Payment of Duty.

46. Regulations for charging duty ; p. 157.

47. Return as to payment of dut^; p. 158.

43. Power to distrain for duties in arrear; ib.

Warehousing.

49. Distiller's warehouse ; p. 158.

50. Excise warehouse; p. 159.

51. Accommodation for officer to be provided ; ib.

52. Liability for Bpirits warehoused ; ib.

53. Revocation of approval of warehouse; ib.

54. Crown warehouse; ib.

55. Liability for spirits in Crown warehouse; ib.

56. Warehousing in distiller's warehouse ; ib.

57. Constructive warehousing by distiller; ib.

58. Regulations as to warehousing by distiller j p. 160.

59. Warehousing re-imported spirits; ib.

60. Stowage of casks in warehouse; ib.

61. Inspection of spirits in warehouse ; p. 161.

62. Transfer to purchaser in distiller's warehouse; ib.

63. Transfer to purchaser in Excise warehouse; ib.

64. Yatting, blending, or racking in warehouse; ib.

65. Racking duty-paid spirits ; ib.

66. Allowance upon deficiency in vatting, blending, or racking ; ib.

67. Reducing spirits in warehouse ; p. 162.

68. Bottling spirits in warehouse; ib.

69. Sweetening and colouring in warehouse; ib.

70. Fortifying; ib.

71. Honrs of removal from warehouse; ib.

72. Removal from one warehouse to another; p. 163.

78. Constructive deposit on removal; ib.

74. Restrictions on removal of British liqueurs and certain other spirits ; ib.

75. Delivery from warehouse for home consumption; ib.

76. Regulation for charging duty on spirits warehoused; ib.

77. In case of deficiency in spirits in a warehouse duty on quantity warehoused to be paid; ib.

78. Mode of calculating quantity of spirits warehoused; ib.

79. Payment of duty on delivery of spirits from Customs warehouse ; p. 164.

80. Application of warehousing provisions to foreign spirits in an Excise warehouse; ib.

81. Removal from warehouse for exportation ; ib.

82. Removal from warehouse for ship's stores ; ib.

83. Removal from warehouse for methylation ; ib.

84. Offences with respect to warehousing; p. 165.

85. Application of Customs Acts to British spirits in a Customs warehouse; ib .

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Index to the Public General Statutes.

43 & 44 Vict.

Spirits— continued.

Rectifiers.

§ 86. Application to rectifiers of certain provisions relating to distillers ; p. 165.

87. Rectifier’s premises not to be within a quarter of a mile of a distillery; ib.

88. Rectifier’s premises not to be connected with the premises of a brewer, &c.; ib.

89. Restrictions on business of rectifier; p. 166.

90. Receipt of spirits by rectifier ; ib.

91. Roles with respect to rectifiers, as in Schedule ; ib.

92. Penalty for mixing wine or wash with spirits; p. 167.

93. Quality and quantity of spirits allowed to be removed from stock of rectifier ; ib.

94. Account of stock, and penalty for excess or deficiency ; ib.

95. Power for rectifier to warehouse on drawback ; ib.

Dealers and Retailers.

96. Application to dealers and retailers of certain provisions relating to distillers; p. 169.

97. Dealers and retailers to make entry; ib.

98. Marking casks; ib.

99. Marking strength of certain spirits ; ib.

100. Restrictions on grant of dealer’s licence to distiller; ib.

101. Situation of dealer’s and retailer’s premises; p. 170.

102. Restrictions on sale by dealers and retailers ; ib.

103. Penalty for excess in stock of dealer or retailer ; ib.

104. Meaning of sale by retail; ib.

Permits , Certificates , and Stock Books.

105. Spirits required to be accompanied by permit or certificate; p. 170.

106. Mode of obtaining permit; p. 171.

107. Penalties for removal of spirits without permit, and fraudulent use of permit; ib.

108. Certificate book ; p. 172.

109. Penalties in case of removal of spirits without certificate ; ib.

110. Fraudulent use of certificate ; ib.

111. Cancelling and delivery of permits and certificates ; p. 173.

112. Stock book ; ib.

113. Offences with respect to certificate books, and stock books; ib.

Miscellaneous.

114. Rules for ascertaining quantity of spirits by weighing ; p. 173.

116. Remission of duty for spirits lost or destroyed ; p. 174.

Part II. —Methylated Spirits.

116. Part L not to apply to methylated spirits ; p. 174.

117. Exemption of methylated spirits from duty; ib.

118. Persons authorized to methylate; ib.

119. Persons authorized to supply methylated spirits ; ib.

120. Authority to use methylated spirits ; ib.

121. Persons to whom methylated spirits may be supplied by authorized methylator; ib.

122. Place of methylation; ib.

123. Materials for and mode of methylation; p. 175.

124. Supply and receipt of methylated spirits; ib.

125. Stock account; ib.

126. Rules to be observed by retailers of methylated spirits; p. 176.

127. Powers of entry, inspection, and sampling; ib.

128. Unlawful supply of methylated spirits ; ib.

129. Unlawful possession of methylated spirits ; ib.

130. Preparation, sale, or use of methylated spirits as or for a beverage or medicine; ib.

131. Offences with respect to methylated spirits mixed with gum resin ; p. 177.

132. Power to revoke licence, &c.; ib.

Part HI. —Supplemental.

Purified Met hylic Alcohol.

133. Purified methylic alcohol to be deemed low wines; p. 177.

Sykes’s Hydrometer.

134. Strength of spirits to be ascertained by Sykes’s hydrometer; p. 177.

Scales , Weights, Measures , Locks , and Fastenings.

135. Excise traders to provide scales, weights, and measures ; p. 177.

136. Locks and fastenings $ p. 178.

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Index to the Publio General Statutes,

323

Spirits — continued.

Powers of Officers.

§ 137. Power of entry and examination by officers ; p. 178.

138. Supply of ladders and lights ; p. 179.

139. Power to search for pipes, &c.; ib.

140. Power to enter and search for illicit stills and spirits ; ib.

141. Power to enter premises of dealer or retailer and examine and take samples ; p. 180.

142. Distillers, &c. to assist in taking account; ib,

143. Power to require water to be drawn off from worm tub; ib.

General Offences.

144. Unlawful removal of malt, wort, or wash ; p. 180.

145. Arrest of and penalties on persons unlawfully removing spirits ; ib.

146. Unlawful hawking and sale of spirits; p. 181.

147. Sale of spirits for unlawful purposes ; ib.

148. Unlawful purchase of spirits ; ib.

149. Penalty for possession of spirits on which duty has not been paid; ib.

150. Forcibly opposing execution of Act; ib.

151. Misconduct of and collusion with officers; ib.

152. Obstruction of officers ; p. 182.

153. Neglect of duty by officer of the peace; ib.

154. Provisions as to forfeiture; ib.

Informers.

155. Discharge and reward of informers ; p. 182.

Procedure.

156. Recovery of fines; p. 183.

Forms and Schedules.

157. Forms of notices and documents ; p. 183.

158. Application of previous Acts to permits, &c. under this Act; ib.

159. Regulations to be prescribed ; ib.

160. Effect of Schedules; ib.

161. Construction of Acts, &c. referring to repealed enactments ; ib.

Savings and Repeal.

162. Saving with respect to premises entered on 5th April 1825 ; p. 183.

163. Saving for articles in use before 28th August 1860 ; p. 184.

164. Repeal of Acts in Fifth Schedule ; ib.

Schedules ; p. 184.

- See also Inland Revenue ; p. 130.

Stamp Duties. See Inland Revenue ; p. 135.

Statutes Continuance. See Expiring Laws Continuance; p. 271. Turnpike
Acts Continuance; p. 17.

Statutes (Definition of Time) :

To remove doubts as to the meaning of expressions relative to Time occurring in Acts
of Parliament, deeds, and other legal instruments. Ch. 9. Page 14.

§ 1. Meaning of Expressions relating to time to be in the case of Great Britain, Greenwich mean¬
time, and in the case of Ireland, Dublin mean time ; p. 14.

2. Short title; ib.

Taxes Management:

To consolidate Enactments relating to certain Taxes and Duties under the management of
the Board of Inland Revenue. (Land Tax, Inhabited House Duties, and Property and
Income Tax). Ch. 19. Page 51.

Part I. — Preliminary .

§ 1. Short title; p. 51.

2. Division of Act into parts; ib .

3. Commencement of Act, 1st January 1881; p. 52.

4. Repeal of enactments in Third Schedule ; ib .

5. Interpretation and construction ; ib .

6. Savings for Local Acts; p. 54.

7. Substitution in former Acts (as described in Schedule) of a reference to this Act; ib.

8. Savings of Special Commissioners powers ; ib .

9. Savings of powers contained in former Acts; ib.

10. Jurisdiction of High Court ; ib .

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Index to the Public General Statutes.

43 & 44 Vicr.

Taxes Management— continued.

Part II.— General.

§ 11. Extent of this part of Act; p. 54.

12. Powers, &c. of Board for carrying Act into execution ; p. 55.

18. Officers to obey directions of the Board; ib.

14. Moneys to be paid into the Exchequer; ib.

15. Forms in Second Schedule to be used; ib.

1 6. Delivery of forms, and service and signing of notices ; p. 56.

17. Treasury may appoint officers for survey and inspection ; ib.

18. Vexatious charges; p. 57.

19. Officers not liable to other penalties than those enacted; ib.

20. Limitation of actions; ib.

21. Penalties, how recoverable; p. 58.

22. Constables and peace officers to assist in execution of warrants; p. 59.

28. Persons obstructing officers to forfeit 50/.; ib.

24. Justices in Ireland may administer oaths ; ib.

Part III.— Commissioners, Clerk , and Assessor.

25. Extent of this part of Act; p. 59.

26. Commissioners meetings ; ib.

27. Commissioners for inhabited house duties and ex-officio Commissioners for Scotland; ib.

28. Power to increase number of General Commissioners ; p. 60.

29. Execution of Acts valid though not within prescribed times ; ib.

80. Commissioners in same county may allow assessments ; ib.

81. Warrants may be executed in any part of a county; ib.

32. Administration of oaths ; ib.

83. Books of assessments the property of Commissioners ; ib.

34. Persons having books or papers to deliver up same ; ib.

85. Commissioners concerned to have no voice in controversies; p. 61.

36. Commissioners empowered to transfer jurisdictions from one division to another, or to

create new divisions; ib.

37. Parishes may be united. United parishes may be disunited ; ib.

88. Poor law parishes may be made parishes for the purposes of the duties ; p. 62.

89. Inspection of parish books; ib.

40. Exemption of Commissioners from serving on juries; ib.

41. Appointment and remuneration of clerk, Ac.; p. 63.

42. Commissioners to appoint assessors; ib.

43. In certain cases surveyor to act; p. 64.

44. Inhabitants of cities, boroughs, &c. not compelled to be assessors out of their limits ; ib.

45. Assessor’s declaration of office ; p. 65.

46. Penalties on assessors; ib.

47. Assessor’s poundage; ib.

Part IV. — Assessment .

48. Definition of the year’s assessment; p . 65.

49. Assessors to deliver assessments ; p. 66.

50. In default of return to make estimates ; ib.

51. Surveyors to examine assessments and returns; ib.

52. Surveyors may amend assessments ; ib.

53. Parishes in two counties to be assessed where the church is, and houses in two parishes to

be charged in one; p. 67.

54. Lands extra-parochial where to be assessed; ib.

55. Assessments not to be impeached for errors of description ; p. 68.

56. Commissioners to allow assessments nlade to their satisfaction, but on objection may rectify

same; ib.

57. Notice of appeal meetings to be given. Procedure in cases of appeal; ib.

58. Charges not to be made in certain cases; p. 70.

59. Commissioners may be required to state a case for opinion of High Court; ib.

60. Relief to persons doubly assessed ; p. 71.

61. Books of assessment to be prepared by clerk ; ib.

62. Surveyor to certify changes, and Commissioners to apportion and adjust the assessment; ib.

63. Charges made by surveyor in cases of omissions; notice to parties; certificate proof of

notices; p. 72.

64. Person surcharged may make amended return; p. 73.

65. Time for delivering in amended return; p. 74.

66. Persons making false declaration guilty of a misdemeanor; ib.

• 67. Appeals against surcharges; ib.

68. Treble duty ; ib.

69. Supplementary assessments ; p. 75.

70. Duplicates showing amount of assessments to be made out; ib.

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Index to the Public General Statutes.

325

Taxes Management— continued.

Part V .—Appointment of Collectors,

§ 71. Extent of this part of Act; p. 76.

72. Grouping of parishes; tb,

78. Nomination of collectors ; office not compulsory; ib.

74. Board may require security; p. 77.

75. In default of security Board may appoint; ib.

76. Security, and conditions of bond; p. 78.

77. Commissioners, inhabitants, &c. may require security ; ib.

78. Exemption of bonds from stamp duty ; ib .

79. Liability-of parishes for default; p. 79.

80. Poundage to collectors ; ib.

81. Treasury to appoint collectors for Scotland *, ib.

Part VI.— Collection.

82. Time for payment of duties ; p. 80.

88. Commissioners to deliver duplicates to collectors and surveyors ; ib.

84. Cases not then determined to be added to first assessments; p. 81.

85. Collectors to demand duties ; to give receipts; ib.

86. Collectors on payment of duty being refused to distrain; ib.

87. Collectors advancing duties may levy the sum paid ; p. 82.

88. No goods to be taken except at the Ruit of landlord for rent unless party pay arrears; ib,

89. Commissioners may commit defaulter; p. 83.

90. Commissioners to issue certificates of removal; ib,

91. Treasury or Board may direct release of prisoners; p. 84.

92. Liability of parents and guardians and executors; ib ,

93. Assessments under number or letter in arrear may be recovered by collector ; ib.

94. Notification of special assessments to collectors of inland revenue ; ib,

95. Saving as to English and Irish railways ; ib,

96. Recovery of duties in Ireland ; p. 85.

97. Recovery of duties in Scotland; ib.

98. In Scotland or Ireland payment may be made in postage stamps ; p. 87.

99. In Scotland taxes may be paid by Post Office orders ; ib.

Part VII. —Receipt and Account.

100. Appointment of days of receipt; p. 87.

101. Collectors to account after the 1st January in every year; ib.

102. Penalty on persons unlawfully receiving public moneys from collectors; p. 88.

108. Proceedings on appointed day of receipt; ib.

104. Collectors of Inland Revenue may administer oath and put questions ; ib.

105. The schedule of arrears to be ground of process ; p. 89.

106. Board may retain schedules and endeavour to get in arrears ; ib.

107. In default of delivery of.schedule collector of inland revenue may certify default to the High

Court; ib.

108. Collectors to make a return on oath of persons from whom the duties cannot be recovered;

p. 90.

109. Grounds for returning defaulters in schedule ; ib .

110. Duplicate), &c. to be delivered up by collector on his clearing his account; p. 91.

111. Duties may be sued for in High Court; ib.

112. Parish to be set insuper for duties unaccounted for; ib.

118. Costs and duties re-assessed may be recovered as duties are recovered; p. 92.

114. Application of surplus land tax; excess to be shown on duplicate; ib.

Part VIII.— Proceedings against Collectors .

115. Surveyors may report any failure to raise duties in their districts; p. 95.

116. Commissioners to call collectors before them ; ib.

117. Collectors neglecting their duty may be dismissed ; ib.

118. Commissioners empowered to seize, sell, and convey estates of defaulting collectors; p. 96.

119. Evidence against collectors of sums not paid over; p. 97.

120. Costs against Commissioners to be raised by assessment; p. 98.

121. Penalties on collectors for neglect; ib.

First Schedule: Allowances and remuneration ; p. 100.

Second Schedule: Forms ; p. 101.

Third Schedule: Enactments repealed; p. 116.

Fourth Schedule : Enactments in which a reference to this Act is to be substituted;

p. 118.

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326

Index to the Public General Statutes,

43 & 44 Yicr.

Time, Definition of. See Statutes (Definitions of Time) ; p. 14.

Treasury Bills. See Exchequer Bells and Bonds ; p. 140.

Trustee Sayings Banks. See Sayings Banks ; p. 226.

Turnpike Acts Continuance:

To continue certain Turnpike Acts, and to repeal certain other Turnpike Acts ; and for
other purposes connected therewith. Ch. 12. Page 17.

§ 1-6. Acts repealed and continued as in Schedules 1 to 6 or this Act; p. 17.

7. Continuance of all other Turnpike Actsp. 18.

8. Act not to apply to Scotland or Ireland ; ib.

9. Short title ; ib.

Schedule of Acts repealed and continued ; ib.

TJ.

Union Assessment :

To extend the Union Assessment Committee Acts to single parishes under separate
Boards of Guardians. Ch. 7. Page 10.

§ 1. Short title, and construction of Act with 25 & 26 Viet. c. 103. and 27 & 28 Viet. c. 39.;

p. 10.

2. Application of 25 & 26 Viet. c. 103. s. 45. to single parishes under separate boards of

guardians; ib.

3. Act not to extend to the Metropolis as defined by the Valuation (Metropolis) Act, 1869,

32 & 33 Viet c. 67.; ib.

Universities of Oxford and Cambridge :

To authorise the Extension and further Limitation of the Tenures of certain University
and College Emoluments limited or to be limited by Orders of tho Oxford and
Cambridge Commissioners. Ch. 11. Page 15.

Preamble recites 40 & 41 Viet. c. 48., Universities ;of’Oxford and Cambridge Act, 1877;
p. 15.

§ 1. Short title; p. 16.

2. Interpretation of terms ; ib.

3. Power to extend limited tenures of University and College emoluments; p. 17.

4. Limited emoluments and future elections may be made subject to future statutes ; ib.

Universities and College Estates Act Amendment :

To amend the Universities and College Estates Act, 1858 (21 & 22 Viet. c. 44.)
Ch. 46. Page 266.

§ 1. Short title; p. 266.

2. Application of purchase money for land sold by university or college ; ib.

3. Rebuilding of chancels to be within Act; ib.

4. Act to apply to moneys in court; ib.

5. Severance of benefices from headships of colleges ; p. 267.

Schedule; ib.

Wages of Seamen. See Merchant Seamen ; p. 45.

Wild Birds Protection :

To amend the Laws relating to the Protection of Wild Birds. Ch. 35. Page 223.

§ 1. Short title ; p. 224.

2. Definition of terms; ib.

3. Penalties for shooting or taking wild birds specified in Schedule, between 1st March and

1st August; ib.

4. Penalty for refusing to give name and place of abode ; ib.

5. Prosecution of offences ; ib.

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Index to the Public General Statutes.

327

Wild Birds Protection— continued.

§ 6. As to trial of offences committed within the Admiralty jurisdiction; p. 225.

7. Commencement of Act, 1st January 1881. Repeal of Acts, 32 & 33 Viet. c. 17.,

35 & 36 Viet. c. 78., and 39 & 40 Viet. c. 29.; t’6.

8. Extension of time for killing wild birds, &c.; ib.

9. Act not to extend to the Island of Saint Kilda; ib.

Schedule ; p. 226.

Workmen’s Compensation for Injuries. See Employers* Liability ; p. 258.

Young Persons, Indecent Assaults on. See Criminal Law Amendment ; p. 265.

LONDON: Printed by Georoe Edward Eyre and William Spottiswoode,
Printers to the Queen’s most Excellent Majesty. 1880 .

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